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New Style esa, uc and lcwra

dreamwarrior

Hi, I'm new to all this benefit stuff. Fell ill in July 2023 with undiagnosed (still) vasovagal syncope. As I was self employed was advised to apply for new style ESA which I did, Was then advised to apply for UC. I've been awarded LCWRA but I have some confusion if I need to cancel the ESA and just stay with UC, or is there benefits to keep the ESA. I've had nothing to indicate I'm in the support group for ESA as yet but getting the back pay for lcwra today via UC. I'm aware the money received is just countered out £1 per £1 depending on the benefit received.

Another issue I have is because I go randomly unconscious up to 8 times a day my wife is there to safeguard me, was refused daily PIP but got enhanced mobility. So my wife cant claim carers allowance, I only got 4 points so is it worth the hassle and stress of MR and appeal. My wife is with me most of the time but UC say she has to find work, despite having a fit note stating carer strain. If she has to find a job and to work I'm basically risking my life on my own. Citizens advice was to write to my MP.
I would be grateful for any help and advise on what's best to do. Thanks.
Mike.

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Comments

poppy123456

It’s definitely worth continuing with both benefits because the ESA isn’t means tested. So if circumstances change in the future and you’re no longer entitled to UC then the ESA can continue. Savings/capital, working partner and pensions of up to £85/week do not affect the amount you’re entitled to. You will also receive class 1 NI credits for ESA but only class 3 for UC.

You will be placed into the Support Group for ESA and your money will increase from the 14th week of your claim to £129.50/week. However, ESA and UC don’t often communicate so you may need to contact ESA to tell them the UC decision.

For your PIP if the decision was made less than 13 months ago and you think you can score enough points for a daily living award then yes you should challenge that decision. If you’re outside of the 1 month timeframe you will need to tell them why you’re late requesting it.

I’d advise you to have a look at this link to try to have a little more understanding of the descriptors and what they mean. You can then decide if it’s possible to score more points. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

If you think you can then you need to put the request in writing stating where and why you think you should have scored those points. Please do not ring to request it.

I would say it’s unlikely that a fit note would be accepted for caring duties. Your partner can try explaining to their work coach about your health conditions and the care that you need to see if they can reduce their commitments. It will be down the the discretion of the work coach.

dreamwarrior

Thank you for the advise, We have just sent off the Mr highlighting the parts wrong in our opinion. I have been in contact with esa and I am in the support group. Citizens advise rang today and said they would put me with an advisor if needed to go to tribunal and they advised us to contact social services for a care and need assesment,

dreamwarrior

Update, just had my MR back and they refuse to adjust the decision, I'm not sure if its worth dragging through the courts to try to get a daily allowance, and risk loosing the mobility as I have a scooter thanks to that. That was mainly as my wife is caring for me, she has now been found lcw so at least she isn't being pestered to find a job. I'm on a 5 month waiting list for an appointment with a clinic as they think it may be dysautonomia that is causing my symptoms. Would it be a new claim to pip if that is the diagnosis? Or would it be possible to alter my current claim.
Thanks

poppy123456

It's not unusual for the MR decision not to change for PIP. because only 23% of them do. There's always more chance of success at Tribunal stage, providing you either appear in person or have a telephone/video hearing and then there's a 68% chance of success.

PIP isn't about a diagnosis so any potential new diagnosis in the future is not a change of circumstances that needs to be reported.

dreamwarrior

just a little update, I have now been officially diagnosed with vaccine triggered dysautonomia, I sent in for a pip tribunal and have a hearing on 10th September 24, citizens advice have been very helpful to create a letter etc for me and I can use the letter from the specialist as it lists historically the way things have developed for me since Oct 22. Hopefully I can be successful. its not so much about the money {still would be appreciated) but so I can get the job centre off my wife's back as they are constantly nagging her to get a job. I had my first shower in over 13 month last night after help from occupational therapy equipment. I've come to terms with the diagnosis now. Even though there is no cure got to stay positive that some day someone may get a breakthrough.

Jimm_Alumni

That sounds like real progress is being made @dreamwarrior! Are citizens advice just helping with the documentation or are they able to support you at the tribunal itself at all?

Please do let us know how the tribunal goes in a months time. 🤞

dreamwarrior

They have helped with the paperwork and will be a representative at the hearing, along with my wife.

I will update after the tribunal

Jimm_Alumni

Sounds like they've been a great help @dreamwarrior! Best of luck

dreamwarrior

I promised an update after the tribunal. I was nervous at the start but the judge, doctor and disability specialist were very comforting. There was also a person from dwp there. I was in for around an hour in total, they asked questions about my condition and at the end the dwp guy even recommended that they were wrong at the assessment and mandatory. As I went ill at the end I didn't get an instant decision and had to wait a few nervous days for the paperwork. I went from 4 points to a new 12 points for daily living with no dispute over the 12 points already for mobility. My claim has also been extended till end 2028. Its like winning the lottery and means so much to be able to get the support I need. More so that now my wife can be officially classed as my carer and hopefully will be less stress with job seeker trying to push her to get a full time job. I have to thank citizens advice for their help and also to those here that convinced me to go for an appeal, i nearly gave up after it all originally so thank you

Rosie_Scope

Brilliant @dreamwarrior, it's so good to read that you got the decision you needed. And it's great that now hopefully the pressure will be off your wife so you can both relax a bit after a stressful few months. Thanks for updating us 😊