Help needed with ESA and forces pension offset

[estellyn]

Hi again Estellyn

 

Currently (as I have appealed many times), my Appeal is against them ignoring evidence, taking me off JSA onto ESA when they had not answered the appeal against being put on JSA, human rights and errors in law. Thing is they are confusing me so much, that apart from an imminent breakdown, there is probably a time limit that is going to run out or something like that.

 

The ESA and WP becomes moot if my Appeal wins of course, but we still need to know for other ex-servicemen's advice and help.

 

I also really need help from either the RBL or Veterans UK, or both.

 

Davy

 

Without seeing all your paperwork on your appeal(s) there is no way I could untangle which decision(s) you are actually appealing. You certainly do need in person specialist help with all of this, especially the appeal(s) as if you did appeal the original ESA decision finding you fit for work, the result would impact how your war pension is taken into account.

 

It sounds as if you've made several appeals - have you gone to Tribunal on any of them?

[Davy vs Goliath.gov.uk]

Hi Estellyn

 

The Appeal for against the decision, went to the very very final one, but was refused. I could not attend any of the hearings as I am suffering Depression and Anxiety amongst other things. I have told them this in several letters but have been ignored. Sorry its so confusing.

 

Davy

 

ps: Any other Appeals I have made against their decisions have been totally ignored, as has any medical evidence, sick lines etc.

[Davy vs Goliath.gov.uk]

Update:

 

No luck with the RBL Head office. I got one email reply and then nothing, sent another email to be told that they had went on hoilday but that I could contact this person on this other email. So I forwarded my second email and got no reply since.

 

Had a small breakdown in front of my Doctor today. But she is sending me to see a PTSD specialist in next couple of months.

 

And the good news:

 

I contacted Veterans UK/SPVA and they are going to do what Stu and Lenny said and come out, probably in 2-3 weeks and sort out my benefits for me. Including whether I can get Mobility Allowance, Unemployability Supplement, Lower Standard of Occupation allowance. They were also able to confirm I am on a 60% pension.

 

Their phone Number if anyone out there needs it is: 0800 169 2277.

 

Hopefully this will help other ex-servicemen with the same problems - Davy.

[lenny100]

have you contacted "Combat stress" about your PTSD, they help me a lot i been going to them for 4 years now found out a lot about myself and our condision, and they wont be looking to get rid of you after the 12 sesions most nhs will give you

[Davy vs Goliath.gov.uk]

Hi Lenny

 

No I haven't, thanks for the tip.

[stu007]

Hi Davy

 

If you have a look at this link the detail for Combat Stress and others are there: http://www.consumeractiongroup.co.uk/forum/showthread.php?383984-Armed-Forces-Welfare-Links-**Correct-as-at-March-2013**

 

Please let us know how the visit goes with the welfare officer and if there is anything else you want to chat about you know where we are.

Edited September 20, 2013 by stu007

[Davy vs Goliath.gov.uk]

Thanks Stu.

 

More News - I just got this explanation through from RBL Head Office:

 

It is my understanding that you are eligible for ESA (providing you meet the descriptors) and still have a War Pension as well under Contributory Based ESA. When being transferred from Incapacity Benefit to ESA you will be entitled to contributory ESA for 365 days (providing you meet ESA criteria/descriptors) and any war pension payments will be disregarded as income. However, after 365 days you will need to have been placed into the Support Group of ESA to remain on Contributory ESA. If you are not in the support group and have been placed into the Work Related Activity Group you will have to then make a claim for Income Based ESA after 365 days have passed and then your War Pension will only have the first £10 disregarded for income purposes as Income based ESA will take into account all of your family income.

 

Added to this the only war pension supplement that would also have an adverse affect any ESA payment would be if you were receiving Unemployability Supplement (UNSUPP) through your War Pension as ESA and UNSUPP are deemed to be overlapping benefits and you can only receive monies through one of these, which is usually UNSUPP as it tends to pay more per week.

 

 

See the how the DWP make things complicated and confusing?? Thanks to the RBL for that clear explanation.

 

I think I fail to meet the 'criteria/drescriptors' though, when I failed the 'flawed' ATOS Medical!

On a 60% pension and I get zero points!!!! Something wrong there!

 

 

Will keep you all posted - Davy

[Davy vs Goliath.gov.uk]

For Estellyn

 

I'll just try and clarify what Ive appealed against while I have it in my head.

 

I appealed the original decision to be taken off ESA due to the ATOS Medical decision. Took it the full distance nearly to the Upper Tribunal. Failed as I could not turn up and told them so stating Depression and Anxiety and sent them my GPs sick line with the letter.

 

I have appealed WHEN being taken off JSA (but what I am actually appealing against is the 'sudden' acceptance of my GPs sick lines, when in all other cases above they were ignored). I have asked that ALL my claim be backdated to when I was on IB/ESA changeover because of this. I have said this in the appeal letter and form. Been Totally Ignored.

 

I was put on ESA but not the full amount (30-40%) and they were attempting to put me through the flawed ATOS Medical again. I have sent them further GP sick lines and appealed against this as the appeal above was being ignored. Been Totally Ignored.

 

I have now appealed against being taken off ESA altogether and being totally ignored and having my GPs sick lines ignored until it suits them. So far, guess what? - I Have Been Totally Ignored!

 

Sorry this has all taken 2 years and the effect of the stress on my health has been terrible.

 

Im sure its still confusing but I think thats as clear as Im going to get it.

 

Thanks for your help - Davy

[estellyn]

For Estellyn

 

I'll just try and clarify what Ive appealed against while I have it in my head.

 

I appealed the original decision to be taken off ESA due to the ATOS Medical decision. Took it the full distance nearly to the Upper Tribunal. Failed as I could not turn up and told them so stating Depression and Anxiety and sent them my GPs sick line with the letter.

 

I have appealed WHEN being taken off JSA (but what I am actually appealing against is the 'sudden' acceptance of my GPs sick lines, when in all other cases above they were ignored). I have asked that ALL my claim be backdated to when I was on IB/ESA changeover because of this. I have said this in the appeal letter and form. Been Totally Ignored.

 

I was put on ESA but not the full amount (30-40%) and they were attempting to put me through the flawed ATOS Medical again. I have sent them further GP sick lines and appealed against this as the appeal above was being ignored. Been Totally Ignored.

 

I have now appealed against being taken off ESA altogether and being totally ignored and having my GPs sick lines ignored until it suits them. So far, guess what? - I Have Been Totally Ignored!

 

Sorry this has all taken 2 years and the effect of the stress on my health has been terrible.

 

Im sure its still confusing but I think thats as clear as Im going to get it.

 

Thanks for your help - Davy

 

Have you completed a second ESA50 or ATOS assessment?

 

Was your last appeal about having to go through the ATOS assessment? Sorry, not sure if I've understood that right.

 

Were you taken off of ESA for not doing part of the assessment process (ESA50 or ATOS assessment)?

[Davy vs Goliath.gov.uk]

Hi again Estellyn

 

I will answer your questions one by one:

 

Have you completed a second ESA50 or ATOS assessment?

 

No - and when they said they were taking me off JSA to go onto ESA a second time, I refused to sign off the JSA. (As this can then be counted as a new claim and they won't backdate).

 

 

Was your last appeal about having to go through the ATOS assessment? Sorry, not sure if I've understood that right.

 

No. I was stating to them in my letter that there was an appeal by me 'in process' and that I could not turn up anyway as I had depression and anxiety. I sent 3 letters over a 5 month period re-stating this again and again and sending GP sick lines.

I can see why you are confused here. To be honest what they have done is basically steamrollered me through their flawed process to the point where they just ignored everything sent and said by me till they could get me off their benefit count.

 

 

Were you taken off of ESA for not doing part of the assessment process (ESA50 or ATOS assessment)?

 

Yes it seems they just ignored me and my appeals and sent me a letter saying that as I had not turned up at the ATOS Medical, they were cancelling my claim (even though I had not re-claimed! btw, as I said above, I had not signed off JSA!).

 

 

Yeah not hard to see how it confused me either is it? I think that is what they want. Confuse, Ignore, reduce the benefit cost. (Unless of course you fight them).

 

Picked on the wrong guy here! - Davy