Employment and Support Allowance (ESA)
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ESA Tribunal hELP ME

hI, 
In 2012 I had Infected endocarditis with bioprosthetic AVR insertion at Basildon Hospital February 2012 Closure of paravalvular leak and muscular VSD with external closure device in 2012 .Epilepsy and Memory loss following septic emboli in the brain.
Temporal lobe epilepsy since childhood.
Single generalised seizure from infective endocarditis causing cerebal abscesses
Residual Severe Memory Problems.

I got 6 point on 

What can i do??


Thanks   Nick

Replies

  • millie13millie13 Member Posts: 17 Listener
    Hi 
    Also got a fitness for work form you are not fit for work    X you are not fit to work

    and this be the case for Inddefinitely    this was signed 13/12/2017
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,
    If you've been found fit for work after a work capability assessment then your next step is the mandatory reconsideration and you have 28 days to request this. You should put it in writing stating what you disagree with and which group you think you should be in and why. Having a note from your GP saying you are unfit for work, makes no difference. Did you send in evidence to support your claim? They rarely contact anyone for this and the onus is on you to make sure it's sent.

    Contact welfare rights or any other disability advice centre near you who will help you through the MR and Tribunal, if you get that far and most people do. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    have been to CAB and sent off written letter  , any thing else  can do
    I can never get a joB. have trouble remembering what i did yesterday.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You have to wait for the MR decision but only about 17% of them are successful. What benefits are you claiming while you wait for the MR decision for the ESA? Where you in WRAG, Support Group or assessment phase before you were found fit for work?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    Hi

    I am not quite sure I came off ESA and Support groups several years ago when Mum died. Then came back about 2 years later,I think not in a support group. does this make sense??



  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    millie13,

    I'm still not sure if you were in the support group or the work-related activity group in your most recent award of ESA, but don't worry. 

    You've done the right thing by going to the CAB and sending off a written request for a mandatory reconsideration. You could think about what points you think you SHOULD have scored meanwhile - it can be useful to take the ESA self test to do this. It's much more useful to talk about what you can't do, and why - if you just list your conditions, this doesn't tell the decision maker what you can't do or what problems you have. 

    As Poppy says, you have to wait now. But meanwhile, you'll probably have to claim something else. The options are likely to be:

    Jobseeker's Allowance (JSA) (and Housing Benefit if you pay rent) or
    Universal Credit (UC) (this can include help with the rent).

    You can only claim UC if you're in an area where it is available, but it is very widespread now. The CAB can tell you if UC has started for your postcode, or you can check here by putting your postcode into the box.

    If you claim UC, you need to be aware that you will NOT be able to go back onto ESA, even if your MR request is successful or the decision gets changed later on at an appeal. Instead, if you are successful, you can get UC but shouldn't have to look for work. 

    Let us know how you get on! In all cases, if you are responsible for paying council tax, you'll also need to make sure that your claim for council tax reduction continues (you may not have to pay council tax though, depending on your situation and who you live with).

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • millie13millie13 Member Posts: 17 Listener
    thanks that has helped alot. i didnt know there were diverent groups an what the did.
    thanks

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Being placed into the support group isn't about scoring points, it's about satisfying at least one of the support group descriptors. If it does get as far as the Tribunal it will be worth knowing which group you were in and the reasons why.


    Reg 29 and 35 here.




    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    How can i tell which support group i was in? I was getting £34.80 on 8/3/16 ?

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    £34.80? That amount doesn't tell me anything and it was 2.5 years ago. When were you found fit for work and how much ESA were you getting every 2 weeks up until you were found fit for work? If you don't know then check back statements and it will tell you. There's 2 groups for ESA...WRAG and Support Group, there's no 2 Support Groups.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    I was Getting Living = £73.10
                                        Severly Disabled = 62.43
                                         disability garantee = £15.90
                                            income                 151.45
                                                      -9.00 for savings
                                                               total 142.45

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    £73.10 is assessment rate. The rates above for severely disabled and disability guarantee are previous years rates. The rates for those for this year are £64.30 server disability and £16.40 disability guarantee. Do you claim PIP enhanced daily living or DLA high rate care?

    Was the decision to find you fit for work a recent one? Within the last month or was it longer? By your posts, it seems like you're very confused.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    Hi

    Sorry yes get very confuses. Esa stopped. 23 jul 2018. 31/8/18 Appeal sent to court. Sorry . I can read but a senternce at a tme AND then forget it, I think when i went to heath person, I told him I collect comics, NOT i read comics. 

  • millie13millie13 Member Posts: 17 Listener
    Sorry on PIPs £420.40
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As the decision was only a few weeks ago then you have to ask for the MR first before you can appeal to the Tribunal. If you don't go through the MR decision first then the Tribunal will refuse your appeal.

    What benefits are you claiming while you wait for the MR decision? As your ESA has stopped you will receive no further money. If you don't know then please ring your local CAB first thing tomorrow morning for an appointment and they will help you further.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    the only benefits i get are Pips
    Dont pay council  tax Severly Disabled. 

    Letter i got from HM Courts & Tribunal Servce
    About EMPLOYMENT SSUPPORT ALLOWANCE appeal

    Hand written letter with help from CAB

    is this right?






  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you haven't gone through the process of the Mandatory reconsideration process first then the Tribunal won't accept your appeal. Have you gone through this process first? Please call your local CAB tomorrow to make sure you've gone through this process first. Then ask their advice about what to do next as all you're claiming is your PIP. I wish you good luck and hope you get the right decision for you.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    Yes Mandatory done completed sent off and recieved bacjk. We have not changed our decision!!!

  • millie13millie13 Member Posts: 17 Listener
    how do i apply for a new benefits

  • millie13millie13 Member Posts: 17 Listener
    Sorry How can  tell them I cant read, How can i tell them I get really confused doing really easy thing?

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    millie13 said:
    how do i apply for a new benefits

    Once the Tribunal have accepted your appeal then you'll be able to go back onto assessment rate of ESA but you'll need a sick note from your GP to be able to do this.
    As you've been reading here then you can read but may get confused. As i don't know how your conditions affect you then i won't be able to advise you. You'll need to speak to your local CAB or contact welfare rights for further assistance. You will also need evidence to support your claim, if you haven't already sent it.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    I had my cb esa stopped Feb 17 have been going through Mr and tribunal appeals since then. Should I have been receiving assessment rate during this period fit notes cover this period.


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    pigeon55 said:
    I had my cb esa stopped Feb 17 have been going through Mr and tribunal appeals since then. Should I have been receiving assessment rate during this period fit notes cover this period.


    CB ESA is only payable for 365 days unless you're placed into the Support Group and then it's paid for as long as you remain in there.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    did my suport group thing stop when i came off my esa and never came back on when i started back on my esa>

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    millie13 said:
    did my suport group thing stop when i came off my esa and never came back on when i started back on my esa>

    If you stopped claiming it and then re-applied you would have gone onto assessment rate until you were re-assessed. I have no idea what group you were in before you were found fit for work because you didn't know.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • millie13millie13 Member Posts: 17 Listener
    if i go to my tribunal I am screwed if I don't I am screwed.Dont understand what is happening!! DWP always come off better :-(
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You should speak to the CAB that has been helping you with the process and they will explain everything to you. It's always more difficult when you don't understand it.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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