Hello. I was wondering if anyone can give me any information on how long it takes a decision maker to reconsider a decision to stop benefits for a disabled person on dla. The dla is ok at present however, their income support has been stopped and they have been told they are no longer entitled to it. They have asked for a reconsideration of the decision but in the meantime the benefits office have also informed the local authority that they are no longer in receipt. it actually took the claimant 10 days to find out that their benefit had been stopped. We have arranged an interview with the HB office to get that sorted, but the disabled person is in a right state as he suffers from severe mental health problems as well as a physical disability. The benefit office cannot or will not say how long this will take to sort out and when they were politely asked to deal with it urgently we were told that its" always urgent with you people!" Currently all he has to live on is middle care rate, lower mobility rate and £30 per week (wife's part-time employment less than 16 hrs) Any help or advice would be appreciated.

Hi, I am new to the forum and desperate for some advice or views. I was migrated from IB to Esa Contribution based last October 2011 and placed in the Wrag Group, my payments have just recently been stopped because of the 365 day rule, I do not meet the criteria for Income based Esa. . I asked for a reconsideration on the decision as I felt I qualified for the Support Group. The decision was to remain the same, Wrag group. I then appealed the reconsidered decision in May of 2012, as part of the appeal they firstly reconcidered the decision again to no satisfaction, still to remain in the Wrag Group and appeal papers sent to Tribunal. I have just recently one year on from the original decision received appeal pack from Dwp which has also been sent to the Tribunal. Amongst other things there is guidance notes to help the Tribunal with its decision. One of the guidance notes states:- A claimant has Limited Capability for Work Relatied Activity ( Support Group) if they satisfy at least one of the Support Group Descriptors. A discriptor is satisfied if it applies for the majority of the time ( Majority is the key word) or, as the case maybe, for the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor. The reference:- The Employment and Support Allowance regulations 2008 34 (1), (2). When I received my Esa85 medical report from Atos one of the descriptors I satisfied was, Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority ( again key word Majority) of the time due to difficulty relating to others or significant distress experienced by the claimant. My questions are, do I satisfy this descriptor in your opinion taking into consideration the wording of the Esa regulation 2008, should I have been placed in the Support Group? if I should have been in Support Group what is my next step as the Support Group does not apply to the 365 day rule and my payments have already stopped. I have telephoned Dwp to discuss this several times and request a call back but no one has bothered to phone me back, I have just recently emailed my MP to ask for his help. Advice or your views would be much appreciated.

A friend has 7 year old twins. One of them is deaf and wears hearing aids. The children in his class are pulling them out and breaking them. He can't hear without them. She's spoken to his teacher who has said "we can't watch 35 children at the same." His aids have been sent off to get fixed and he has nothing in the meantime. He will struggle in the meantime. He's not profoundly deaf and receives little / no help and won't receive help whilst the aids are being fixed. The teacher replied that as children who are in year 2, (6 & 7 year olds) they should be taking responsibility for themselves. School claim he doesn't have a problem as he lip reads. She's rung the school and is hoping to speak to the head later. What are her options, please? He can't reach his full potential because the other children are pulling out his hearing aids, meaning he can't hear properly. I have told her to mention the Equalities Act - he can't reach his potential due to the lack of support.

hi guys... I have Glandular fever, and have had it before... last time i had it i was in college, and although i attended, for about 2-3 months my lecturers thought i was drunk whilst in class because of the state i was in (sleepy, no concentration, ETC ETC) now, i had a weeks holiday last week from work, and as you could guarentee, fell ill whilst on holiday. dr said i can expect to be feelin like crap for about a month (which i enlightened him to my previous two episodes of glandular fever)... told by my employer that i should get about £70 / wk in SSP. (he doesnt deal with payrol so not certain of the amount) but obviously this isnt anywhere near as much as ESA/JSA ETC... is there any form of help i could get elsewhere? such as income support? i tried calling the benefits line today, and got through to ESA line. they were telling me because im getting ssp (which is no where near JSA rates) i dont qualify? WTF? i need to worry about paying my rent ETC too. i popped to the council with sicknote, told them etc (BTW, im apparantly contagious - but when i called them they said i needed to bring proof in) they then said the notice will effect from next monday... but, what i need to know is: do i need to notify WTC that i wont be working my usual hours? - therefore the £80/month stops too? Also, I have a CSA case where i pay £46/wk. obviously this is a big wack out of the 70ish ssp... how is this going to be effected?... tried calling them, and they said im still liable for the full 46? WTF? 15% of net income... which has now dropped considerably... i need to support my 2 kids and wife also and if im off work for a month, i dont see how i can manage... any help please?

Don't know whether I am posting on the right place or not. I have had two creeper burglaries, two cars stolen whilst I was in the house in bed. When I put in a claim, they have refused compensation because I can't show that I was in reasonable fear of physical harm. How can I proof that? I have had a breakdown, and am on benefits. I feel like the world is entitiled to just walk in and take whatever they want, and I am afraid of being on my own, and coming downstairs if I hear a noise or want to get a drink etc. How else can I prove it?

hi everyone, i have got myself it to some debt with british gas/severn trent, totalling 800pounds. i rang them up to arrange a payment plan and they agreed to a direct debit of 100pounds a month and i gave them my bank details and thought that was the end of it. about 12 days later i got a letter of income support saying that they were taking 50pound a week to give to BG and severn trent. this leaves me with 20 a week. i phoned IS and explained that i had already arranged a payment plan but they contacted BG and BG told them i had agreed to have this money taken out of my benefits. income support said that BG decides how much they take and they can't do anything about it. so i asked if BG can just send them a letter and take as much money as they like out of anyones benefits? apparently they can. this is leaving me in a very bad situation, im going to struggle to pay for the basics like nappies and baby formula. does anyone know of way to get this amount lowered? thanks.

This is an urgent question. Can somebody clarify some wording regarding the 365 day time limit for contribution based ESA - basically I have been on CB-ESA Support Group since transferring to it in January 2011. In July 2012, I was chucked out of the support group and placed in the CB-ESA work related group and my money has stopped immediately because, I am being told, the 365 day limit has come into play since I was placed in the WRAG and because I've been on Conts based ESA for all this time, my time is up and no more money is due!! However, according to the info on the DWP's website, the following is stated: "Any time claimants have spent in the Support Group will not count towards the 365 days, or will any time in the assessment phase if they moved directly from the assessment phase into the Support Group" Does this statement not apply to me, therefore the clock only started the day my claim was moved over to the Work Related group, or is the guy I spoke to at the DWP right and I am wrong?? Thanks

Hi all, I posted my ESA50 form on the 5th November. On the 10th November, ATOS advised the DWP that I did not require a WCA, and recommended I be put straight into the support group. Today the DWP confirmed they agreed with this, and have advised they will reassess in six months. I have been signed off from work since March with anxiety and depression. I have also been waiting since last year to be assessed for Asperger's Syndrome. I filled in the ESA50 form using the Fullfacts medical guide, and the Rethink WCA factsheet. I basically photocopied everything, and included as much additional evidence with the ESA50 as possible. This included hospital admissions and discharges, prescriptions, appointment letters and referral requests. I also paid my GP £30 for a two-page medical report, which included a request for a home visit due to my diagnosis of agoraphobia and social phobia. ATOS obviously went one step further and decided the evidence I provided was enough. I can't tell you how relieved I am, I was dreading the possible months of stress ahead. I would like to say a big thank you to this forum for the useful guidance provided. My best piece of advice would be to provide as much info as possible to ATOS. Give them yards of paperwork to go through, and go into as much detail as possible in the actual ESA50.

Hi, basically, I've had my benefits stopped, I've got Bi-Polar and Social Anxiety Disorder, I only ever leave the house to go the Doctors and I've probably only left the house 9 or 10 times these past 2 years, I was due an ATOS medical maybe 7 months ago and when I got the letter I panicked and phoned them to tell them I wasn't going, a week after I was due to go, I got a letter saying my benefits had been stopped so I wrote them a letter appealing and reiterated I have Social Anxiety and a week or two later my benefits went on like normal. About 6 weeks ago I got another letter to attend the ATOS medical, I again phoned them and told them I wouldn't be going but they were free to come my house. A week later I got the letter saying my benefits had been stopped again so I appealed again and pretty angrily this time. My benefits restarted and then I got a letter last week dated October 9th, saying they'd reviewed my case and I was no longer due any benefits as they deem me fit to work and to apply for JSA. I just feel like I'm banging my head off a brick wall, I don't want to be like this, I worked hard all my life, coping with the undiagnosed at the time Bi-Polar until it got worse and I spiralled down into a black hole, I forced myself to the Doctors because I knew my life was over if I didn't and over the past year I've gradually rebuilt my confidence and my life back, I'm by no means ready to go back out in to the wild yet though, but I'm getting there slowly. Is there anything I can do? If worst comes to worst, I'll do without the benefits and starve, they will not force me out until I'm ready though.

Hi there. My appeal date is next month which is regarding about Employment Support Allowance. On the medical assessment I was given 0 which therefor some of the information were incorrect. Does anyone know where I can find free solicitor who are dealing with Employment Support Allowance Appeal ?

i just don't know what to do with myself. i was on income support . i hit the darkest time in my life, depression and several other illness followed due to a death. i became a full time student in university portsmouth in order to save myself from suicide as it gave me a focus-the only purpose i had to breath.- considering my mental situation naturally i failed miserably. i took out student loans and grants without realising this was not allowed.neither did i realise the need to notify of change in curcumstances-i was mentally unavailable. basically i have had the interview under caution. asked to make re-payments now have received a letter that a decision has been made to be taken to refer the matter to legal services for consideration of prosecution. -i spoke to the advice beaurau and was adviced i had no grounds on appeal. but now i feel the need to write to them of which i think i will- for the sake of my innocence im terrified.but i honestly dint know and barely can remeber much of that time in my life. what can i do? whats the worst to happen to me? is it too late for me to write ? help me

Hi Some of you may know that I recently failed an ESA Tribunal last week, I was advised by members here to re-apply for ESA and I've got a fit note from my doctor to back up my claim, but I was reading online today about Income Support and I wanted to ask if it's better to apply for this instead. My situation is that I am currently receiving DLA - Lower rate care and Higher rate mobility, I am married and my partner does not work as she cares for me during the day, We were on ESA as a joint couple until we lost the tribunal last week, The DWP haven't yet written to us advising the ESA has stopped but once it does then our only income will be from the DLA which is only about £75 per week. I am wondering if we should make a claim for income support instead of ESA because of our low income, can anyone give me some advise? Would there still be medicals/interviews like ESA's atos medicals etc? How does IS differ from ESA? I'm really confused right now as to what to do, any advise would be great

As my earlier thread mentioned, I have been moved from the Support Group to the WRAG without any change in my circumstances and without notifying of any change. It appears to be just an arbitrary decision and there is no information recorded on the DWP computer system other than to say I have been transferred. I am now constructing an appeal and have come across the following... "If you are in the support group it lasts for as long as your condition continues to make you eligible. In other words, if your condition doesn't improve and your difficulties remain the same you should remain in the support group indefinitely." I have been unable to find this phrase in a DWP document and I wonder if anyone has seen anything similar to this and can point me in the right direction.

Hi All, I need urgent help wiht my case, i'll keep it brief: Last year Lender took to court despite agreeing for us to pay normal monthly payments plus £37 towrads arrears. Judge granted an SPO for these exact terms. This month were not able to pay as no income - applied for E&SA and forwarding an application to the lender for Help with Mortgage Interest. it's an interest only mortgage. Rang the lender to request reduced payment until mortgage support is active so for a period of 13 weeks, told nothing they can do and apply to court. so now completing an N244 to submit to court stating the same reasons as above. Can anyone suggest what is the best way to go about this and what we should include in the supporting statement please? Basically we are hoping the Judge will take on board our reasons and grant the reduced payments rather the lender file for repossession which I know they will starightaway once the payment is missed this week! Having read some of the awful stories on here of other I'm feeling very deflated anout the whole situation. Any help would be great Thanks.

*** NEWS RELEASE ** NEW RESEARCH REVEALS LACK OF AWARENESS OF SUPPORT FOR FUEL COSTS AMONGST THOSE ON LOW INCOMES A new survey commissioned by Turn2us, part of national charity Elizabeth Finn Care, has found that people on low incomes are unaware of the potential support available to help with their fuel bills. This is despite the fact that nearly two-thirds (64%) of those surveyed are uncertain if they can meet these costs this winter without experiencing financial hardship. Over a third (37%) of people living in low income households* have never checked their eligibility for welfare benefits and tax credits, and over two-fifths (45%) are currently not claiming benefits that they may be entitled to. Claiming benefits entitlements can not only boost income to help pay fuel bills but can also act as a trigger for eligibility from various fuel poverty programmes. The research also found that over two-thirds (70%) are unaware that energy suppliers have to offer cheaper ‘social tariffs’ to their most vulnerable customers and over two-fifths (43%) are not aware of the government’s Warm Front scheme which provides funding for insulation and heating improvements – despite the fact that they are on a low income and could be eligible for assistance from these schemes. Furthermore, over one in three (36%) have never or can not remember when they last checked they were on the cheapest energy tariff available to them. These results are particularly worrying in light of the findings that the costs of last winter’s fuel bills caused over two-fifths (44%) to feel stressed, nearly one in seven (14%) to suffer illness or physical pain as a result of cold conditions and over one in eight (13%) to fall behind on their bill payments. Shockingly, over half (55%) said that if they were struggling to meet their fuel costs, they would resort to switching off their heating altogether or only heating one room at a time and two-fifths (41%) would cut back on other essentials including food, yet only 6% would consider approaching a charity to see if they were eligible for a grant. The official definition of fuel poverty is where a household has to spend more than 10% of its income on fuel to maintain an adequate level of warmth. There are currently an estimated 4.75 million households in fuel poverty in the UK, around three-quarters of which are on a low income**. Turn2us is running its second annual Acting on Fuel Poverty campaign throughout the winter to highlight the support available to those struggling with their fuel costs, and has launched a dedicated campaign microsite at www.fuelpovertymap.org.uk. The microsite directs users to sources of help including the Turn2us Benefits Calculator to work out which welfare benefits and tax credits they might be entitled to, the Turn2us Grants Search database which provides access to over 3,000 charitable funds, information pages on increasing energy efficiency and energy efficiency grants, and a link to the Which? Switch energy tariff comparison tool for users to check they are on the best tariff available to them. The microsite also includes an interactive fuel poverty map for users to find out, according to the official definition, if they are in fuel poverty and compare different areas across the UK. Alison Taylor, Director of Turn2us said: “Our latest research findings show that there is a need for individuals and families to have access to clear information and independent guidance to help them find support with rising energy costs. Our fuel poverty microsite brings together a number of tools which are free to use – all in one place, which can help households identify whether they can maximise their income and reduce their energy costs ahead of the arrival of their winter bills.” Helen*** worked as a nurse for many years before she had to leave work due to ill health, and on a limited income, she found herself struggling with her household bills. Her house was damp and living in a rural village, Helen would travel to the nearest town library once a week to keep warm for a few hours. It was here that searching on the internet, she came across Turn2us. Helen identified through Turn2us that she was eligible for a charitable grant which paid for the damp in her home to be fixed and gave her some extra money to put towards her bills. Helen said: “The money I received has been a lifesaver and has had a huge impact on my quality of life. I now live in a warm home and the extra money for bills has really taken some of the pressure off.” Turn2us is working in partnership with a number of charities and organisations across the UK for the Acting on Fuel Poverty campaign, who will help to increase awareness of the help available for those in fuel poverty and how they can access it. For more information about the campaign, please visit www.fuelpovertymap.org.ukand www.turn2us.org.uk.

I am on Carer's allowance and Income Support. I also get Council Tax Benefit. My 26 year old daughter is unemployed and living with her boyfriend. She has applied for Unemployment benefit and is waiting to hear the decision but it appears that as he works she may not get anything. I am not sure about the rules concerning Income Support but wonder if she would be more likely to get the benefit if she moved back with me. Any idea anyone

This is my first post so please be gentle with me. Dh was- we believe- unfairly dismissed from his job. It's a long story which I will post tomorrow, however as we now have just over 1 week to submit the ET1 form and the CAB-who said they would check the form through for us- haven't returned our e-mails for 2 weeks I am now feeling very much on our own. The union so far have been rubbish but we are hoping for help in the future when the national rep gets the paperwork. The thing that is bothering me at the moment is- As Dh is rubbish when dealing with this sort of thing, so far his company have walked all over him(kind of, give them enough rope.....). If he puts me on his ET1 as his representative and the union say they will help him after they have read his paperwork following a second appeal(I know) can we change this later? Help please.

I think I'll be made redundant soon and am looking at all the benefits I might be entitled to. I will get some redundancy payment and was thinking of paying off some of our mortgage. Our mortgage (already) has an 'overpayment reserve' which we can 'borrow back' at any time. We could use this as a source of extra cash but how will the authorities view any money obtained like this. It will obviously result in higher interest payments so would they increase their payments or are they fixed at the outset? Thanks

I read that anyone claiming IS for more than 3 years gets sent an A2 Income Support Review Form to fill in. Can you please tell me if this is mandatory for the DWP to send these or not. My situation was that I never received one of these forms and consequently was overpaid and I just wanted to know whether I was let down by the department for not sending me one of these forms. I appreciation the change in circumstances jargin that you get in letters but a form would have made all the difference to me. Thank y ou

I am appealing Ill Health Retirement at the moment with the help of my union rep:| At a recent meeting with my rep and manager I was promised a home medical from occy health (Atos) as I am too ill to attend an Atos centre 25 miles from my home. I have now been contacted to say that my employers cannot afford the 'bespoke' service as this costs £800 and I have been advised to have the telephone consultation or they can provide a taxi to the Atos centre. Without going into too finer point I also suffer from IBS along with many major chronic conditions which is why I am unable to use the taxi service to the Atos centre or drive there myself for fear of repercusions:oops: To be blunt I feel I have been pushed by management and union into accepting the telephone assesment. Does anyone know how much the Atos 'bespoke' service is? Surely it can't cost that much for an Atos doctor to travel 50 mile round trip for at the most a one hour consultation. Many thanks for any replies

Hi, Last May I had a visit from a customer compliance officer because I was on Income support while being a carer for my disabled partner. My partner had an ISA which I didn't know about at the time and it took our household savings over the lower limit of £6000 for savings while on income support. We had to send in all bank statements last August etc going back to when the ISA was started. We heard nothing until last week when I received a letter stating overpayment of £6000. The overpayment period is from jan 2005 to aug 2011 when they received our statements and reduced my income support accordingly. So the £6000 overpayment refers to jan 2005 to august 2011. However my disabled partner is now 64 years of age and has been entitled to claim pension credit (instead of me claiming income support) from 2008. We didn't know that she (we) could claim pension credit instead of income support until the CAB told us this year. Can we offset the income support overpayment against what we should have been getting on pension credit? If we had been claiming pension credit from october 2008 when my partner turned 60 then we would have been allowed to have up to £9,999 before any deductions so that would reduce the £6000 overpayment. The capital limits (before deductions are made) are currently £6000 for income support (you then lose £1 per week per £250 over £6000) and £10,000 for Pension credit (you then lose £1 per week for every £500 over £10,000). So, had we been claiming pension credit since 2008 then there would have been overpayment up that date but not from that date. I have received the Breakdown of the overpayment calculations and because our savings cash and capital was around £8,000 then the overpayment as they see it is for the full period of 7 years. I have read somewhere that we may be able to have this overpayment reduced because we should have been claiming pension credit and we would not then have been over the capital threshold since 2008 and not have incurred the overpayment after that date. If anyone could point me in the right direction or to confirm this (or not) that one might offset the other then I would be very grateful. Thanks again P.

Just had a letter saying I owe The DWP £1180.79 and to make a payment by 24/9/2012. Phoned and asked what it related to and it appears to be for income support from 1993!! where do I stand and can I fight this or do I just have to pay up. I haven't got that kind of money and it was not what I needed in the run up to christmas. I hope someone can give me some advice please.

i, Last May I had a visit from a customer compliance officer because I was on Income support while being a carer for my disabled partner. My partner had an ISA which I didn't know about at the time and it took our household savings over the lower limit for savings while on income support. We had to send in all bank statements etc going back to when the ISA was started. We heard nothing until last week when I received a letter stating Overpayment of £6000. The overpayment period is from jan 2005 to aug 2011 when they received our statements and reduced my income support accordingly. So the £6000 overpayment refers to jan 2005 to august 2011. However my disabled partner is now 64 years of age and has been entitled to claim pension credit (instead of me claiming income support) from 2008. We didn't know that she (we) could claim pension credit instead of income support until the CAB told us this year. The capital limits (before deductions are made) are currently £6000 for income support (you then lose £1 per week per £250 over £6000) and £10,000 for Pension credit (you then lose £1 per week for every £500 over £10,000). So, had we been claiming pension credit since 2008 then there would have been overpayment up that date but not from that date. I have received the breakdown of the overpayment calculations and because our savings cash and capital was around £8,000 then the overpayment as they see it is for the full period of 7 years. I have read somewhere that we may be able to have this overpayment reduced because we should have been claiming pension credit and we would not then have been over the capital threshold since 2008 and not have incurred the overpayment after that date. If anyone could point me in the right direction or to confirm this (or not) that one might offset the other then I would be very grateful. Thanks again P.

I am currently in the support group, I was assesed earlier this year for a non terminal condition and placed in that group under exceptional circumstances. I am now being reassessed. Things have not changed for me health wise in fact they are slightly worse and I am still under the care of the same consultant as I was at my last WCA and awaiting new tests. My question is this; if I give the same information relatiing to my condition on my form and if in the medical I give the same information as my last assesment which was only recently especially given that I am still waiting on further tests etc and ATOS / DWP go frm putting me in the support group to WRAG or even finding me fit for work then surely the fact that they found me eligiable for the support group just recently means that they would be forced to alter their decsion and if they didn't it would make it obvious that they were just randomly passing and failing people on the WCA according to "targets" as last nights programs demonstrated? What do you think?

Hi, we've been browsing this site for a while now and the info and support on here is amazing so we decided to sign up as we are going through some changes with our debts and could really use some advice.... We have had a DMP through CCCS for 2 years now and having seen the levels of advice and info on here decided we would prefer to go it alone (They are paid by the banks so there's some part of me saying they must act in their best interests not ours) We have cancelled our DMP with CCCS and are now in the process of contacting all the creditors (11) to advise we will be managing ourselves. This is a scary moment as I like the comfort of CCCS but as we are in a much better place than when we started it makes sense to go it alone! We have successfully claimed back PPi from LLoyds earlier in the year and have a couple of other claims on going. However my 2 biggest questions at the moment are : When a creditor doesn't accept your original claim that the ppi was mis-sold what is the best way to proceed - my claim is that I didn't think I would be approved for the card if I didn't have the cover - does anyone have a good template letter to respond with?? Also following what others have done on the forum we have offered full and finals against at 10% (cheeky but we thought we'd chance it - all rejected) and requested 4 CCA's from DCA's that have debts transferred from original creditors -- This is where panic begins to set in - where do we go from here Any advice very gratefully received..