Employment and Support Allowance (ESA)
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Work capability assessment and struggling financially

kathy50kathy50 Member Posts: 3 Listener
My partner has had a stent fitted in November last year and has atherosclerotic heart disease facing  possible heart bypass this year as still has a blocked artery to the back of the heart. As of July last year we informed the Dwp he could no longer work 30 hours so we were told we couldn't claim working tax credits as i worked 20 hours at the time. We spent 2 months trying to claim esa to then be told we would have to claim universal credit. We applied for this October 2017 and have only had three payments of £96 pound. My partner has been signed off from the doctor since October last year. We live off my wage which I have now had my hours cut at work along with three other people to 15 hours. Desperate times. We have been just refused PIP by 2 points even though we asked for mandatory reconsideration. my partner has his work capacity assessment finally this week. It has put a lot of strain on both of us and what will we do if he fails this assessment too. It's been a major fight to get any help. How long does it take to get the decision from his assessment? We have been struggling desperately for 7 months now. Thanks. Any advice would be much appreciated.

Replies

  • paul1974paul1974 Member Posts: 8 Listener
    Welcome to the group , 
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @kathy50, and welcome to the community! 

    So sorry to hear about what you've had to go through, I can only imagine how difficult this has been on you and your husband. 

    We have some friendly members who give excellent benefits advice who will hopefully be able to help, but in the meantime it would be good to know whether you are appealing your PIP decision?
  • kathy50kathy50 Member Posts: 3 Listener
    Hi we did ask for a mandatory reconsideration but still failed to gain the two points. 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi kathy and welcome

    Unfortunately MR's often fail but tribunals have a greater success

    it is important to understand the points system, descriptors and criteria for a PIP award. Have a look at the B&W self test

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    It is recommended to get trained advice from CAB or similar to help with an appeal. However to start the process is simple

    The first stage is to submit form SSCS1

     https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/689021/sscs1-eng.pdf

    Fill in all sections of the form, at this stage you do not need to go into great detail, just the basic reasons for your appeal are sufficient. A more detailed submission should be done later.

    It is always advisable to attend in person. Success rate is around 69%

    You will then receive an acceptance letter from the tribunal

    The DWP then have 28 days to prepare and submit their case and all the paperwork and evidence used in making their decision.

    You will be sent a copy of this, known as the bundle.

    Check that all your submitted evidence is included

    Using the bundle now is the time to prepare your own submission referencing by page and paragraph where the evidence proves that you meet the descriptor and criteria for an award

    You do not need further evidence to appeal but any new relevant evidence will help.

    It can help to keep and submit a daily diary of how your functionality is affected

    CR



    Be all you can be, make  every day count. Namaste
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