Help RE: ESA

[JimS]

Hi
I was on incapacity benefit for approx 10 years due to fibro & several other health problems.
Last year after yet another atos medical I was placed on esa (contribution based) and placed in work related group.
I received a letter stating that the esa was payable for up to 365 days.
I appealed being placed in the work related group and approx two weeks ago attended a tribunal & was placed in the support group.
I was told previously by the disability officer at the job centre that if I was placed in the support group I would continue to get my benefits after the 365 days, whilst awaiting my appeal though I had been attending various groups in the hopes of being able to find employment if my benefits where stopped (no chance of employment though after a year of trying)
today (Saturday) I received a letter telling me that my benefits had ceased because I have reached the 365 days.
After trying to phone the benefits centre to tell them I had been placed in the support group & that I had been told my benefits would continue, I find they are shut till Monday.
As you can no doubt imagine this has placed a massive amount of stress on me, so I am going to be having a very bad weekend before I can phone them on Monday.
So can any one please tell me will I continue to receive my benefits now that I have been placed in the support group?
Or am I going to be left pretty much destitute with no chance of getting employment.

Cheers Jim

[anonymouse]

Sorry to hear about your problems and being another victim of a broken system.

Quite simply you should still get your benefit if you are in the support group. The 365 day rule only applies to contribution based ESA in the WRAG. In your case it looks like your recent tribunal decision has not been processed by the DWP yet, although you should chase it when their open as things often go missing. One indication would be your letter from the tribunals service, have you got it through get? (They should normally send you the result in writing after the tribunal, even if you were there) as if you have not got it yet it may indicate that the tribunals service may not have I formed the DWP yet.

I know its hard not to worry, especially when the people you are dealing with over the phone do not seem to understand the very real financial impacts on claimants. Hopefully you will get it sorted when you start chasing it on Tuesday.

All the very best

Anonymouse
x

[JimS]

Thanks for the reply it brings a bit of brightness back in to a dark day :)

They actually gave me my letter when I re-entered the court room for their decision at the tribunal.
So I would have thought the DWP would have received their copy by now ( I have just checked the date & the tribunal was on the 7th of August) so they have had plenty of time to receive it.

Cheers Jim

[johngis]

Hi Jim, try and relax fella, you should have no problems now mate, your in the Support Group, so no more work focus Interviews, if you were awarded Support Group status at your tribunal, then that is what you are in, can be that the DWP system has not updated your status, this can take 3 weeks or more.

Don't forget, your benefit payment will be backdated to the day you submitted your claim. If you were on the lower rate it will be the difference between the two.

Hope this helps Jim...

[anonymouse]

Just an added thought from me, if you are in the Support Group foe ESA your health may make you eligible for PIP (new DLA). If your not already claiming it I would advise you have a look at the descriptors and total your points up and see if you think your eligible. If you think you are I would bang in an application. Just to warn you the journey is similar to ESA and it will take a while, probable appeals and tribunals, so you may need a rest before applying (I often say you have to be well enough for work to prove your not well enough work with this system):

For the Daily Living component a person being awarded the standard rate (after being awarded between 9 & 11 points) is referred to as having “limited ability to carry out daily living activities” and a person being awarded the enhanced rate (after being awarded 12 points or more)is referred to as having “severely limited ability to carry out daily living activities”.

For the Mobility component a person being awarded the standard rate (after being awarded between 9 & 11 points)is referred to as having “limited ability to carry out mobility activities” and a person being awarded the enhanced rate (after being awarded 12 points or more) is referred to as having “severely limited ability to carry out mobility activities”.

If you already get PIP/DLA feel free to ignore everything I say here just thought I would mention in on the off chance as your having financial difficulties etc. Its only brief information and there is a lot more info out there about how the law should be interpreted and applied practically but that's the basic starter info for you.

Again, the very best of luck and hope you get it all sorted in the week.
Anonymouse

[JimS]

Thanks again for the info :)

(Now where are those pain killers lol)

[*Lisa*]

Not much more i can add apart from i think its bank holiday Monday so you may have to wait until Tuesday I would copy your tribunal letter and send it to them by recorded delivery asap! this should move things a little faster.

[allyson2663]

hi jim i was in the same boat as you and i ve got my tribunal on the 6th sept can you tell me what sort of things they asked etc as im so stressed about it all ....i last worked in 1996 when my athritus started in my spine since then was awarded incapacity indeffinately got loads of health problems now as well as fibro ......many thanks allyson

[Graciebaby]

Hi,
May I just add something. I'm no expert regarding benefits claims, but I can speak from experience.

If you put in a claim for DLA/PIP and you are refused, don't take that decision as final and just give up trying.
So many people, including myself, have their claim rejected and are awarded nothing initially. Put in an appeal straight away.
I was turned down for DLA and appealed. I subsequently received a letter advising me that I had been awarded middle rate care and high rate mobility! They seem to refuse many initial applications, I imagine it's in the hope that you will just shut up and go away without arguing your case with them!
I realise that any new applications are now for PIP and I understand that the descriptors are a bit different and it's more difficult to qualify, but even so, don't give up if you are turned down initially.

G.

[anonymouse]

For what's its worth my advice for a tribunal is: Get to know the descriptors the legislation sets out. If you work your own points score out you know if your lawfully eligible for the benefit and then what you need to demonstrate at a tribunal.

To get into the Work Related Activity Group you need to score 15 points under these descriptors: (Note you can't add multiple scores under each descriptor, only one per descriptor counts.

To get into the support group its this criteria

The only other way is through the more rare route for severe cases which is Regulation 31 (2). The Employment and Support Allowance Regulations 2013 Regulation 31 (2) states:

A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 30(1) is to be treated as having limited capability for work-related activity if—

(a) the claimant suffers from some specific disease or bodily or mental disablement; and

(b) by reason of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

Obviously there is far more about the interpretation of these statements in the main Act however this is the "basic" essential knowledge if you want to be sure. The tribunal although a lawful court is set up for people who know nothing about the law so don't worry. It needs to be accessible to the "common person" so don't feel you have to be a lawyer, you don't. You can win without this knowledge but it sometimes helps to know what they are judging you against, word for word. Citizens advice can sometimes help and represent, if they have the people in your area. Note: There are other routes for other conditions the advice here is for people who have fibromyalgia as there primary diagnosis.

What was just added by Graciebaby is spot on. MOST people with Fibromyalgia do not get accepted at the first stage but rather on appeal or tribunal. Know the descriptors, if they apply to you do not give up, appeal, appeal appeal!

[JimS]

[anonymouse]

Yea they first check if you meet schedule 3 for the Support Group, if you do your in, if not they then check for 15 points under Schedule 2 to see if you can go in the WRAG, if you do your in the WRAG if not you get neither. If that makes sense, if you don't meet the Support Group criteria they still have to check the 15 points its, just they didn't need to in Jim's specific case as he met the support group criteria.

[reegogo]

I had to ring on Friday as ESA payment had not been made and was informed it has been suspended as I am being investigated for Fraud!
i am also in support group but they would not discuss case with me and said I have to wait for an Interview.Been in support group for 2 years following a aStroke that escalated Fibro symptoms on many meds including Morphine,Thank's to our messed up Benefits system,worried sick.

[Graciebaby]

Reegogo,

That's terrible! Please let us know how you deal with all this and I just hope that this nonsense blows over really quickly.
I can only imagine how you must be feeling


Have you got a miserable neighbour with a grudge against you or something?

G. x

[*Lisa*]