Any advice please,appealing against esa

[The Prophecy]

To cut a long story short,I have been on long term sick for nearly 12 years,found out just before Xmas that my esa would be stopped first week in January,and not a lot I could do about it. Have got cab advice and I am appealing against the decision,which I know can be a lengthy process,the thing is we are down £500 a month income from my esa ceasing and obviously still have bills/mortgage to pay but don't seem to get any help as to if or what I can claim while I wait for decision.

 

I can't understand the fact that we can be down by £500 and nobody willing to help us,my wife works part time approx 24 hours. Cab woman said we should be entitled to £7 a month off our council tax which isn't exactly helping,tax credits have said we are getting the most we can,don't know which way to turn at all. My mum and dad have paid the mortgage for us last 2 months but they can't keep affording to do that either. Really could do with some help we are a family of 5 me my wife and 3 children my oldest daughter works part time,my son is still in education mechanics course college,and youngest is still at secondary school.

 

Have used the forums before and just hoping someone out there can advise many thanks.

[honeybee13]

Hello there, I'm sorry to hear about your problems and hope we can help you.

 

Why has your ESA been stopped please?

 

My best, HB

[The Prophecy]

Hello there, I'm sorry to hear about your problems and hope we can help you.

 

Why has your ESA been stopped please?

 

My best, HB

 

 

It has stopped as I have come to the end of being on it for 365 days,which when it was changed from incapacity benefit to esa the nice people at the job centre didn't tell me and also a lot of other people that it would cease after a year.

Feel very let down and I am starting to worry if we will be able to continue meeting mortgage payments/and secured loans which in turn isn't helping with my health either.

[honeybee13]

It has stopped as I have come to the end of being on it for 365 days,which when it was changed from incapacity benefit to esa the nice people at the job centre didn't tell me and also a lot of other people that it would cease after a year.

Feel very let down and I am starting to worry if we will be able to continue meeting mortgage payments/and secured loans which in turn isn't helping with my health either.

 

Thank you for that. I'm sorry if this is an obvious question; have you applied for income-related ESA?

 

HB

[estellyn]

Income related ESA can't be paid if the partner works 24 hours or more per week.

 

Your main option is to look at the descriptors for the support group of ESA and see if you meet any of them. You only need to meet one. If you do then you have two choices - make a late appeal of your last WCA decision (as long as it was less than 13 months ago) or ask for a supersession based on a worsened condition. In both cases you won't get paid any ESA until successful - with an appeal this is usually after a Tribunal (8-12 months away), or a supersession you get an appt for a new WCA, (anything from 3 to 6 months). Sorry, I know this isn't what you wanted to hear.

 

On the plus side, come April 6th, it is a new tax year, and you can call tax credits and ask the WTC to be based on your income for the new tax year as it will be substantially less than last year, which should get you an increased tax credits award.

 

Also, have you considered if you might qualify for DLA?

 

Sorry I can't give you better news. People with mortgages are seriously screwed by this ESA time limiting.

[The Prophecy]

Thanks for the reply's I wondered why I hadn't been told of the income related esa,and the last reply has cleared up the reason why.

 

As you can imagine its not only mortgage payments and other things were struggling with,I'm just hoping that if it comes to worst case scenario judges will be compassionate to our situation or I don't know what we will do.

 

I receive a low component dla at this point in time and with this new change to pip coming in I can only hope that nothing is lost from that.

 

Hopefully there may be something left people can advise me to do as I seem to be running out of options.

Once again thanks for people replying back to me I really appreciate any advice and thank you for taking your time to reply.

[fightingback99]

As you have an appeal in the system, until such time as you get into the Support Group , looks like the only other options would be for someone in the household to increase their income by working more hours if that's possible. Thousands of people are stuggling with a household income drop now that government support is time limited where there is a partner in work..

 

Anyone who can't manage this po;icy change , is looking at having to make some difficult choices .

[The Prophecy]

Hi all been a while since I needed some guidance,Tbh think this appeal process has made me very withdrawn in myself,and borderline depression,anyway here goes.

 

Had my ESA stopped over 18 months ago,finally got a court date for the later part of next week,

If i win will they owe me the whole 18 months??

How long will it take to receive this??

Is there a number to ring to chase them up other than the regular ESA number.

 

This whole process has put us in so much of a financial bind it's scary,we would of lost our home by now if it wasn't for my parents paying our mortgage,so obviously curious over the money so hopefully I can pay them back.

 

Will add that I'm fairly confident I will win as have picked out so many lies in atos examination paperwork,and health wise my disease is still progressing despite being on expensive injections and other medication.

Any help/info appreciated thank you.

Edited June 27, 2014 by The Prophecy

[The Prophecy]

Spooky just had phone call from appeals officer,reversing my appeal so no need to attend court,but she couldn't tell me how much I am entitled to back as not her department,have been placed back in the support group. Was crying by the end of conversation it has been such a weight on my shoulders.

 

If anyone can answer any of my above questions though would still be helpful,I just can't believe it nothing ever usually happens like this to me.

[abc123def]

Why was your ESA stopped? You should be on assessment rate until the date of your Tribunal? (Once the DWP have taken it to reconsideration)

 

Is this income related ESA you are claiming or contribution based?

 

If you win the time varies hugely as to how long it takes for the money to be back paid. Average time 3-4 weeks I would say.

 

As to the last paragraph of your post, proving inaccuracies in the ATOS report in itself won't guarantee you will be successful at Tribunal. What you need to do is satisfy the panel that you meet the necessary criteria to receive ESA. Do you know which descriptors you feel you meet and do you have evidence of this? That is what is important.

 

All the best with it.

[The Prophecy]

My atos examination stated I was unfit for work for 18 months,and in that time I receive a letter stating that because of being on ESA contribution based I am only given it for 365 days. So that's partly why it stopped. Citizens advice was a joke told me they weren't interested in supporting me as I only passed the atos examination by 2 points and it was too risky for them to support my case as they thought I didn't have much chance.

 

The lady that just rang me mentioned a couple of points that was in the atos paper asking if I would consent to a physical examination which I said of course, they wrote I walked 16 metres to the examination room with some difficulty,when the examination room was literally a metre from where we where if that.

 

She also stated that my supporting letter from National Ankylosing Spondylitis Society had played a factor in changing her decision. So I would advise anyone if there is a medical association for whatever is wrong with you contact them and ask for support with your appeal.

[The Prophecy]

Why was your ESA stopped? You should be on assessment rate until the date of your Tribunal? (Once the DWP have taken it to reconsideration)

 

Is this income related ESA you are claiming or contribution based?

 

If you win the time varies hugely as to how long it takes for the money to be back paid. Average time 3-4 weeks I would say.

 

As to the last paragraph of your post, proving inaccuracies in the ATOS report in itself won't guarantee you will be successful at Tribunal. What you need to do is satisfy the panel that you meet the necessary criteria to receive ESA. Do you know which descriptors you feel you meet and do you have evidence of this? That is what is important.

 

All the best with it.

 

I have had my disease for 20 years it's nothing new,have had 2 lots of spinal surgery from disks out to bone graphs being put in my spine,I hear what your saying about atos inaccuracies not being just a factor for the decision to be changed,but if you read my last post you will see,what has happened in the last couple of hours.

[liverbird37]

Congratulations on your result. Many of us know how it feels to be in that boat. Have shed many tears over ESA too.

 

I read with great interest your post. I was diagnosed with Ankylosing Spondylitis last year, and have really suffered. I had no idea the NASS might be able to support us with the ESA process. Did the letter they provided you with just give details of the disease, or was it more about how it's effecting you personally ?

 

I speak to them on Twitter and have found them so wonderfully supportive. The Dr's have been no help, just left me to get on with it. Am supposed to b starting humira next month (probably unlikely due to risks)

 

Thank you for posting this info. It's been really helpful. Some people don't suffer too bad with AS, but then others can be debilitated. It's great to know that there are people out there who are supportive our situation. My re-assessment form has just gone back, so too late for this one, but will definitely speak to NASS for next time.

 

many thanks

[The Prophecy]

Congratulations on your result. Many of us know how it feels to be in that boat. Have shed many tears over ESA too.

 

I read with great interest your post. I was diagnosed with Ankylosing Spondylitis last year, and have really suffered. I had no idea the NASS might be able to support us with the ESA process. Did the letter they provided you with just give details of the disease, or was it more about how it's effecting you personally ?

 

I speak to them on Twitter and have found them so wonderfully supportive. The Dr's have been no help, just left me to get on with it. Am supposed to b starting humira next month (probably unlikely due to risks)

 

Thank you for posting this info. It's been really helpful. Some people don't suffer too bad with AS, but then others can be debilitated. It's great to know that there are people out there who are supportive our situation. My re-assessment form has just gone back, so too late for this one, but will definitely speak to NASS for next time.

 

many thanks

 

Thank you for the reply was on enbrel for 6 and a half years,then it seemed to stop working,so have currently been on simponi for the last 18 months.

 

Sally @ nass was great in helping me and doing a supporting letter for my appeal,not only did she tell them about my medication and the fact you are not put on the anti tnf medication lightly.

She also explained other parts of the disease such as the constriction i feel in my chest,iritis,fatigue,the arthiritis in my hands,to name just a couple. And also your day to day living with AS, as everybody like you say are completely different.

Liverbird37 I would also recommend if you have Facebook joining the UK AS group,and the international one,if you havent already,there's a lot of us with great knowledge and support for any questions you may have.

 

Hopefully this will help you if you run in to any problems.

[worried33]

sympathy from me, your cab situation I have had before also with a charity group.

 

fair few years ago now I was initially going to be supported in an appeal and they they pulled in the 11th hour stated my case was too weak and they had to concentrate on the "strong" cases aka low hanging fruit. To me that's backwards as those with the weakest cases surely need the most help, but there you have it. I guess they get more funding if they have higher success rates or something.

[Guest]

sympathy from me too re the cab.....and I also was let down, basically close the tribunal hearing by my CPN of all people, I was flabbergasted when she actually told me I wouldn't win or get any back pay.........I wondered who she had always secretly supported at that point. Had she not been about to retire and my therapy at an end it would have been really bad for me. I wouldn't have felt able to ask for another CPN, I wasn't strong enough in myself. Thankfully my daughter in particular and my family did support me throughout and I won the tribunal and I got back pay.......for nearly 18 months. I still remain in support group after a esa50 and supporting letters got me there without the atos messical. And whether or not I should be grateful is neither here nor there.....I am very grateful as I know how in the past I struggled for this and what the appeals system does to us who are unwell.

 

Am so happy for you that it got overturned.........enjoy the peace.

[The Prophecy]

Thought it's too good to be true,rang today and now they reckon there's some abnormality on my claim,omg I thought I would be starting to feel better about all this but,seems like there's still he'll to go through,told me someone would ring me back within 3 hours,to then receive a phone call within that time saying the system had crashed and I have to ring them again tomorrow. Annoyed and frustrated!!!

[Nystagmite]

Your backpay will go back to the date it was stopped. If on income based benefits, backpay is disregarded (ignored) for 53 weeks. There's something about it being ignored forever if it's more than £2k.