These benefits problems are making me ill

gts

Hi i had an esa assessment on 29th may and got 0 points as it was a tissue of lies from 6th august i was told i couldnt get esa & ive applied for universal credit. I have asbestosis & ive now appealed against esa & received my bundle of papers from DWP & am awaiting a tribunal date ? if i win my appeal as i can hardly walk with breathlessness & get put into the support group as when the judge sees me im sure he will can i go back onto esa as i had no choice as esa told me it had stopped. Im very confused as i was working i january but had to stop thruogh severe pain.I was getting cotribution based & this didnt affect my industrial injuries benefit ? however UC does ? i was awarded IIDB in may & pip standard rate also ? i am also appealing mobility PIP ? ive worked all my life & now all these benefit problems are making me ill ? im 63 and cant wait till i get my pension in 3 years its getting me down ? im on morphene, anti depressants inhalers as my chest pains are quite severe ?                              

Ami2301

Hi @gts welcome to the community!

I am sorry to hear your current situation, unfortunately I am unsure how to advise, however there are very knowledgeable members in the community who will be in contact with you soon to advise.

I really do hope this gets sorted for you!

gts

Thanks Ami2301 i think ive been ill advised by guess who DWP i shouldnt have bothered with UC claim i think as now i think im trapped i cant wait for my appeal to find out exactly where i stand i really think we are all a number & not human beings.

atlas46

Hi @gts

A very warm welcome.

Sorry to learn about your health and benefits problems.

Would suggest you seek guidance and support from a Welfare Rights Advisor, try your local CAB. You could also try AgeUK.

They could assist you with your appeal and do a benefits check for you.

Have you made a civil claim for your asbestosis?

Let us know if we can assist further.

gts

Hi Atlas 46 i have & also had a payment from govt pneumoconiosis act as the Doctor who assessed me was honest ? unlike the ESA  joker & to think they get paid 3 grand plus a week for lies however i`m determined as my daughter is a proper health professional & visits needy children who are malnourished etc ? she also raises lots for charity as she see`s how the benefits system works & it`s the children who suffer ? i`m joining her raising money as i dont think a lot of people realise whats going on ? perhaps the govt should sort this problem out ? i was lucky with a good upbringing.

Pippa_Alumni

Welcome to the community @gts, and thank you for sharing this with us.

Wishing you all the best for your tribunal, do let us know if we can be of any assistance. You may also like to take a look at Scope's guidance on appealing DWP decisions to help you prepare.

poppy123456

Hi,

I'm assuming that when you were claiming ESA that is was Contributions based ESA, this won't affect any money you receive from IIB. As you were found fit for work and then claimed universal credit, your IIB will now be classed as income when working out you UC payment because UC is means tested and Contributions based ESA isn't. This is where your problem is.

As you've claimed universal credit then you won't be able to go back onto ESA even if the Tribunal make a decision is your favour. Are you claiming UC with a fit/sick note? If you are and the Tribunal decision goes in your favour then DWP should honour this and place you into the relevant group for UC but this won't help your IIB benefit because it will still be counted as income for your UC claim.

In the meantime if you're claiming UC with the fit/sick note then you may have a UC50 form to fill in for the limited capability for work for UC. If this happens and there's a high chance it will then you'll need to fill this in and return it, with your evidence. Another face to face assessment will most likely be needed as most people have them. (it's similar to ESA but UC instead) If a decision is made on this claim before your Tribunal then the decision on this one will overrule the decision any Tribunal make.

Who ever advised you to claim UC gave you the wrong advice but unfortunately you can't go back now and you'll stay on UC. Good luck.

gts

Hi  Poppy123456 yes i was on contribution based esa ? so are u saying it`s a waste of time going to the tribunal & should i not have made a uc claim & just waited for the appeal & i still have fitnotes ? if i win my appeal is it useless ? it all sounds like the Steely Dan album THE ROYAL SCAM & i was advised by the govt ? ive not had a payment yet cant i stop the claim as it`ll only be about £15 a week thanks for your post.

gts

Hi PIPPA123456 luckily i`m a very positive person & any injustices spur me on it`s the constant lies which annoy me i`m a big boy & can let something like this give me drive & determination ? i can foresee terrible trouble with UC it brings back memories of the dreaded poll tax which brought about fall of people who implemented it. I`m  just wondering if my pension will affect my IIDB award as in 35 months i will reach my pension age.

poppy123456

gts said:

Hi  Poppy123456 yes i was on contribution based esa ? so are u saying it`s a waste of time going to the tribunal & should i not have made a uc claim & just waited for the appeal & i still have fitnotes ? if i win my appeal is it useless ? it all sounds like the Steely Dan album THE ROYAL SCAM & i was advised by the govt ? ive not had a payment yet cant i stop the claim as it`ll only be about £15 a week thanks for your post.

You should continue with the Tribunal. No you shouldn't have claimed UC and waited for the Tribunal to accept your appeal but it's too late for that now because you can't go back onto ESA.

If you win your Tribunal DWP may honour your ESA award and place you in the relevant UC group but you will most likely be sent a UC50 sometime within the next few months and you'll be assessed as part of UC. Same process but different name. If this happens then any decision will overrule a Tribunal decision.

gts

Hi Poppy123456 thx i dont understand as  now i`m on UC what can the tribunal do for me as its an ESA tribunal if i win how will this be advantageous to me ? apparently my 1st payment is 24th oct. The people i feel for are children & senior citizens the way the benefits system works it`s these who suffer its terrible & it`s all about greed.