ESA Tribunal hELP ME

millie13

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

millie13

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

poppy123456

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.

millie13

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.

poppy123456

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?

millie13

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??

BenefitsTrainingCo

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

millie13

thanks that has helped alot. i didnt know there were diverent groups an what the did.
thanks

poppy123456

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.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Reg 29 and 35 here.

http://www.cpag.org.uk/content/making-exception

millie13

How can i tell which support group i was in? I was getting £34.80 on 8/3/16 ?

poppy123456

£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.

millie13

I was Getting Living = £73.10
                                    Severly Disabled = 62.43
                                     disability garantee = £15.90
                                        income                 151.45
                                                  -9.00 for savings
                                                           total 142.45

poppy123456

£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.

millie13

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. 

millie13

Sorry on PIPs £420.40

poppy123456

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.

millie13

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?

poppy123456

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.

millie13

Yes Mandatory done completed sent off and recieved bacjk. We have not changed our decision!!!

millie13

how do i apply for a new benefits

millie13

Sorry How can  tell them I cant read, How can i tell them I get really confused doing really easy thing?