can i ask for help

[jack100]

Hi all,

 

Can i please ask if anyone can help me and support would be nice after a difficult few years

 

I was on esa support after been on ib for many years.

 

I went to jail for 12 weeks and on release i apply again.

 

Now to try and make this easy as i am not good at writing.

 

My hb was on ib but now went on to esa work group.

 

He gets 112 pounds a week and i get 50p a week but its paid every 12 weeks!

 

We have one child and get tax c for him.

 

I put in for esa in july 13 and after many calls to the dwp they say thats all i can get.

 

Well i went to welfare and she told me i should have had a medical done

so she called the dwp and asked for them to get me one asap.

 

She also told me she was calling the the mp and on mon i got a letter from the mp to say

she had called asto to give me medical soon.

 

I got a letter to say i have one in two weeks time so happy about that.

 

Can anyone tell me what we should be getting to live of as we have a morgage and now owe alot of money out.

 

I hope that makes sence and u can understand most of it. Any help u can give is welcome. Thanks guys

[antone]

I think it makes sense. Hope I'm reading it correctly.

 

Your partner has ESA(Contribution based) which he? she? receives because they were previously on IB. This, presumably, has what's called "transitional protection". What that means is that they're not supposed to lose money because they transferred from IB to ESA.

 

Now you make a new claim for ESA, but don't satisfy the contribution conditions. You're therefore entitled to an income-related ESA award of ESA which, for a couple (the basic rate for a couple is £112.55), turns out to be only 55p more per week than your partner already receives. So that's what you get. But, as your welfare person was probably getting at, if you were in ESA Support Group you might well be entitled to more than that.

 

That may well require a medical, so it's good that you have one. At that medical, you will need to show that you meet the various descriptors for both ESA (in general) and the Support Group.

 

In the meantime, one of the main things you should do is look into getting help with the interest on your mortgage. Now, can anyone else on the forum remind me of the time limits and linking rules for this?

[**Margaret**]

:jack100:

 

CAG has a guide to coping with 'medicals' for employment n support at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

 

Best wishes, Margaret.

[jack100]

Thankyou both so much for ur help and advice. Its my husband thats on esa now but i dont have enough stamps now. I was on esa support before i went to jail and got about 130 pounds a week for myself. Its a real struggle to pay the heating and elc bills on 112 for us both.

I never had a medical for my last claim so ur link is very helpfull.

 

Thank you for no nasty comments about jail, its very kind of you both to take the time to reply and give good advice.

 

Might need more help about asto as it seems very bad lol

 

Thanks again x

[Nystagmite]

No matter how much little income based ESA you receive, you will be entitled to mortgage support interest and council tax support.

 

@ Antone - unless it's changed, the support for mortgage interest kicks in after 13 weeks.

[jack100]

Hi, i have read people filled out a form before there medical. I have not done this and i am worried it might go against me.

I have waited from july to get a medical so they had loads of time to send me any forms that should be filled out!

 

I have alot of medical problems and one is i have a catheter and bag as my bladder is done even tho i am 40. Will i need to strip off even if its a male doc? I dont feel confortable doing this so can i ask for a female?

I am getting more stress and having more panic attacks over this:|

 

 

Sorry for all the questions x

[honeybee13]

Hello Jack. I really hope you wouldn't have to strip off and especially not in front of a male doctor.

 

Other people here know more than I do and I hope they will comment, but I would think a letter from a doctor who looks after your bladder problem would tell Atos enough.

 

HB

[rebel11]

Hi jack100

 

Your writing is great, the guys here don't judge, just advise, agree with HB that a doctors letter should be fine.

[**Margaret**]

:jack100:

 

A from CAG.

 

Right, there's two separate strands to your queries; (1) whether you and your husband are in receipt of the correct rate of benefit for your circumstances and (2) the 'medical' assessment.

 

(1) Do you know whether your husband's award of employment n support allowance is based on his national insurance contributions or income related? If he's been in receipt of it for longer than a year it'll be income related. Whichever, if it's a conversion award from incapacity benefit without any breaks in entitlement, as a couple you should be in receipt of at least £141.00 per week. So there's clearly a mistake, unless there's been a break or a change of circumstances/claimant. You need some personal advice from Welfare Rights, or similar, who can check all your paperwork.

 

(2) Probably cos there's something amiss with your claim, you've not been sent the form before the medical. It's called an ESA50 limited capability for work questionnaire. There's an example of one at;

 

https://www.gov.uk/government/publications/esa-50-limited-capability-for-work-questionnaire

 

CAG has a guide to completion of the first part at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

It's a bit dated, but the sort of info they want is the same. And there's a guide to the second part at;

 

http://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment

 

If you don't have the technology to download and print an ESA50, phone Jobcentreplus for one, and explain that you didn't receive one from Atos. Complete it and get a photocopy. Take the original with you on the day, with any medical evidence you've got, and the assessor should read it before the assessment.

 

Very, very, few 'medicals' for employment n support require the claimant to remove indoor clothing, and you can't be asked to remove underwear. Most of them are an up to twenty minutes question and answer session. Physical exams, if they happen at all, are minimal. You can ask for a female assessor if you'd feel more comfortable, but it may delay your assessment further. If you've got mental health issues in addition to your continence problem, the most important help is to have someone with you.

 

Sincerely, Margaret.

[jack100]

Hi Margaret,

I would like to thank you for your reply and the links. Both myself and husband are very grateful for all your help.

 

We have been on the phone to the dpw about the rate of money we recive. I dont think they have added me on his claim as i had my own money before. I was told his esp was only for him but for some reason there only giving us 112 a week. I was never on his ib so when it changed to esa it was for his cliam and not as man and wife. I have made many long calls to ib and esa and only once did a girl say my hubby ib was for him and not me which is strange. She told us she would look into this and make any changes . It then went to esa and they told us the amount is right and i am only intiteld to 50p. I went to see welfare and she told me i was not in any group and should have had a medical after 12 weeks. As my claim was made in july she said the time i have waited is out of order and called esa and the medical place to get me seen. She then told me she was calling the mp about my case . It was very busy at the welfare place so i did not get time to ask anything else. Now last week i got a letter from my mp and just about died lol. Now true to the mp i also got the app from asto for medical like she said on the letter.

 

I will call on monday again about income and have hubby there to get them to look at his claim. Oh and we have never been split up or out like that. Been marred for 23 years:wink:

 

Thank you again for ur support margaret and i hope you can make sence of my writing .

I will post again on monday after we call. xxx

[jack100]

Thank you rebel for your post. I do try my best to write by myself, but this is the first time i have used a forum lol. My husband does all the writing but i am doing this on my own. I think he is proud i am trying lol

 

Thanks everyone for your replys and support. I cant tell you how happy i am knowing there is good people out there willing to help a stranger.

 

Will keep you updated x

[**Margaret**]

:jack100:

 

From what you've written, our best guess. It appears that you and your husband should be in receipt of at least £141.00 per week. But it's impossible to say for sure over an internet forum cos we don't know all the details.

 

While you were away from home, your husband continued to receive a conversion award (from incapacity benefit) of employment n support, which included a transitional addition so he didn't lose money cos of the conversion.

 

£71.70 (personal allowance) + £28.45 (work related activity component) + £11.90 (transitional addition) = £112.05 per week.

 

Subsequently you make a claim for an income related award and Jobcentreplus pay £0.50 per week. £112.05 + £0.50 = £112.55, the personal allowance per week for a couple. For any one of half a dozen reasons, the work related activity component due to your husband hasn't been included in 'what Government says you need to live on'.

 

£112.55 (personal allowance for a couple) + £28.45 (work related activity component) = £141.00 per week.

 

So come Monday, the question to ask is 'why?' And it's not cos you're waiting for a 'medical'. Your husband's already been found to have limited capability for work. Unfortunately endless circles with the phone number on your award letters isn't likely to resolve this. You need to insist on a call back from an employment n support allowance processor. And if that doesn't work it's a letter. With a certificate of posting so Jobcentreplus can't deny you wrote to them.

 

You still need to keep your appointment with Atos. Should you be found to have limited capability for work related activity (support group), as a couple you'll be entitled to a higher rate of payment.

 

Best wishes, Margaret.

[caro]

Thank you rebel for your post. I do try my best to write by myself, but this is the first time i have used a forum lol. My husband does all the writing but i am doing this on my own. I think he is proud i am trying lol

 

Thanks everyone for your replys and support. I cant tell you how happy i am knowing there is good people out there willing to help a stranger.

 

Will keep you updated x

 

Just wanted to say you're in good hands here and you're doing brilliantly doing this yourself. No wonder your husband's proud of you because I'd never have guessed you weren't used to writing or forums.

 

Hope it all works out for you.

[jack100]

Just a wee update

 

We called the dwp on monday morning about esa. It took 5 calls before we got through and even then it was a waste of time ! The gent could not understand us and i could not make out a word he said so it was off to a bad start. He told us he will get someone to call us back between 2 and 5 or tusday morning. We got a call on tusday morning and all she said was the form will be sent out and just fill it in and return.

 

I will let you know what happens. Thankyou all for your support x