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lengthy esa battle finally overturned original refusal at MR advice desperately needed !

tabbycat45

Hi guys
I applied for Esa back in november last year and of course failed my first medical assessment with 0 .i hsve several co-existing conditions.
i then went to trinunal in May ,where i was informed by the panel immediately that they were not going to take my additional evidence(stating new and worsening conditions into account as they had to go on my origianal evidence i provided when i first made the claim in nov.
I was then forced to make a whole new claim for esa and placed on jsa (support group)in the interim.I was placed back onto ESA within the week due to sending med certs proving my conditions.
So back to wca which took place last month.
Again failed but with 6 points this time.Again forced back onto jsa support group for two weeks.
requested MR and had the decision overturned and am now finally awarded the ESA i have fought so hard and so long for for 12 months.
However ,far from being relieved and happy about this outcome i realise that i am unlikely to get any back pay at all due to the removal of elements (conveieniently for the dwp) in march and will be placed in the wrag .
i will be struggling on exactly the same money as i was on before.73 pounds a week .
i feel cheated and as though the tribunal service knew i would have to reapply as a new claiment despite having constant fit notes for a year ,and therefore the dwp have managed to get away with not paying me what i feel i should have rightfully been paid at the start .(in november)
I am literally on the floor after all these months of struggling ,food banks ..unable to pay bills and being unwell on top etc
just wondering if anyone could advise me on what to do next if anything ..i know that if i appeal now i could lose the ESA altogether .
many many thanks !

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Comments

janice_in_wonderland

I'm sorry you've had to go through all of this - are you coping alright atm?

tabbycat45

Hi janice thankyou for the reply..not really ..i am feeling burned out and very fed up about the fact that its looking likely i will still not be able to survive due to the cuts i just missed by a fortnight ..i dont feel any less anxious and low than i already was and i still have not been paid or have any idea when i will be ..so it goes on ....:-/ x

tabbycat45

Hi would someone be able to move my post to the benefits advice section please ?i dont think ive posted in the right place and really need some advice :-) thankyou

CockneyRebel

Hello tabbycat and welcome

Sorry that you are having to go through all this.
Most of the advisors will not be here before monday.
Have you applied for PIP ?

CR

tabbycat45

Thanks for replying cockney rebel :-)..im in a right state with all this ..i hate weekends!lol i cannot find any info at all anywhere that relates to my situation which i think is quite a weird one ..and its driving me nutts .!yes i had a pip assessment a couple of weeks ago which i really dont hold out any hope of getting if the last year of my life(if thats what you can call it ) is anything to go by ..i have to admit i was slightly bolshy in the interview as i was responding to the assessors diabolical attitude and my own total exhaustion and frustration :-/ ..im still penniless so am just hanging at the moment and trying to tske some control back by trying to source info and advice ....all i can think about is how the hell i can remain living on a 130 quid a week in total ..when i have a family to support and am obviously unwell ....i am disgusted that so many of us are being treated the way we are ..i feel for every person going through this hell ..

CockneyRebel

You are not alone, the benefit system is a real mine field and many people are in a similar postion as you
Sorry to say I am not very clued up on ESA but there is plenty of info on this site and also on CAB site
You may get some better advice from the Scope help line on monday
I am here to listen if that helps

CR

tabbycat45

Thankyou CR im tearing my hair out !Where i should be feeling relieved ..i have searched this site for similar issues to mine but just cant find anything ..
i do really appreciate your response :-)
When i failed the first medical back in november last year , they put me straight back onto esa within days as soon as they had the fit note explaining my new conditions ..i didnt even fill in a form for a new claim untill weeks later . this is the glitch im confused about ..maybe if anyone else reads this they may know more..or i will just have to try and calm down till monday lol

CockneyRebel

Weekends can be frustrating as there is limited help available.
I do think that you may need to get trained advice as your situation is not straight forward
Sorry I can't offer more informed advice on this

CR

tabbycat45

Thankyou and no worries at all ..im grateful for your response ..:-) not easy any of it for any of us x

CockneyRebel

No it is not easy
you might try asking on

http://forums.moneysavingexpert.com/forumdisplay.php?f=139

I have just had someone on a different forum get what seems like a good response to a money matter which yours is
If it helps please let me know

CR

tabbycat45

Ahh ok great i will try that too ..thankyou loads again ..!

Pippa_Alumni

Hi @tabbycat45, as requested I've moved your query over into the Ask A Benefits Advisor group; hopefully they'll be able to provide you with some more advice.

I hope today is as kind as possible to you!

tabbycat45

Thankyou ..so kind ..having a real **** time at the moment lol

Pippa_Alumni

Fingers crossed you get the help you need @tabbycat45!

tabbycat45

Thankyou darlin...something needs to happen ...i record all calls with the dwp and i can tell you ..they have absaloutely no idea what they are doing or saying regarding my situation ..if THEY are confused ..its no surprise I am ?one minute im on the higher rate ..in the same sentance im on the lower ..they cant see any notes allegedly ..and they cant be clear about tribunal, medical or claim dates ...why not !!??i still have no award letter and i still have no money even tho MR was overturned early last week .
me and my kids have been living off the food bank for over a month because of them pulling me off and making me sign on jsa and my money being all over the place ..there is a gp letter stating i have suicidal ideation ..as well as other Physical /emotional conditions ...what is this vile government trying to do to good decent people ..?
they need to be held accountable for the serious harm they are causing ..

Pippa_Alumni

That must be really difficult for you and your family @tabbycat45, I'm so sorry to hear that. I really hope that things will be resolved and you'll be able to have some more stability soon.

If you feel at risk and would like to talk to somebody, the Samaritans are always reachable at 116 123 or at jo@samaritans.org.

tabbycat45

Thankyou pippa ..im pretty tough but ive had an awful couple of years with not any let up and i think Even the strongest of people csn be put on the floor by this kind of situation.I have reached out for the first time in many many years so i have people i can talk to and who are helping .Its just hard when your already down to keep getting kicked as im sure everyone here more than totally understands ..thankyou xx

BenefitsTrainingCo

Hi @tabbycat45 (great name btw)

Reading through all of the above, I can really sympathise with your situation. It's just such a common story now that people are on their last legs financially due to benefit issues, and it really is not nice to see.

The people who have created this situation for you however, are the government, not the Tribunals Service. The Tribunals Service is not like a benefits assessment panel, they are a judicial body, who's only job is to decide whether the DWP made the correct decision on the day they made it - therefore any changes in your condition could not be taken into account. This is not a choice they make, it's just the way the judiciary works.

Given that, it does not seem likely to me that there is any further action you can take as regards your ESA, although if you have the will, I would recommend getting in touch with your MP and making it known to them the distress and financial hardship that the policy of removing payments for WRAG has caused you.

Concentrate on the PIP now, and don't be disheartened if you have to go through another appeal. Don't forget you won this one!

Also, you mention you have children - make sure you are getting the correct rate of Child Tax Credit - should be around 105.00/week for two children - if you are having large deductions from this, it might be worth contacting them to reduce it.

I'm sorry I can't be of more help to you, and I really do hope you get sorted.

Kind regards,

Mary

tabbycat45

Thankyou So much for your reply and the time youve taken in doing so.A man at the dwp this morning advised me to challange the tribunal service.He seems very certain that they were wrong .
i am too exhausted to do anything right now.
They (the government) And believe me it is them that i blame not the the dwp although some of those people do need some lessons into how to convey information clearly and accurately .are really doing a number on us.
it is wrong on every level .
I will do as you suggest and concentrate on the pip although i really do not hold out any hope
at all after this last year .
I am now thinking about trying to force myself back to work somehow ,although i know im not anywhere near in the right place and would probably fail at holding a job down very quickly ,i dont know if i see much choice as i cannot live on the momey they are giving me.No one can.
many many thanks for your kindness Mary .