Benefits help please?

Daiseydot

Hi everyone, I try keep question as short as possible, I was born with spina bifilar lost leg age 18 I’m 50 now, been in out hospital all my life, over years my walking deteriorated can slowly get round the house, I was really ill 3 years ago kept passing out when I stood up diagnosed with chiari malformation brain moved blocked spinal fluid and caused a huge cyst inside my cord that was the reason I was getting progressily worse, anyway I went for a dwp review for my esa in September I just had the dreaded phone call that I have been taken off the sick and must start a universal credit application on grounds I am fit to work I got 0 points out of 15, I’m on medication for nerve pain which makes my drowsy if I don’t take it I’m in agony, I had to stop driving a while ago because of the tirednes. I’m pancaking tonight about losing my home, 
‘when dwp rang me to say I am no longer receiving esa she said I can challenge the decision but if I fail again down the line I would then have to apply for the universal credit then, if I apply now for universal credit I can’t go back to esa if I did win, any advise which way to go
thankyou for reading this 

thespiceman

Hello @Daiseydot Pleased to meet you welcome. Thank you for joining and sharing.

I am sorry what you are going through. I am sure the community can identify offer what support we can.

I would consider speaking to CAB your local office. You want the right information and support.

Benefits are complex and confusing.

Especially good with benefits and have knowledge something to consider.

We have lots of information about appealing a DWP benefits decision on our website. Which you might find useful.  Might help in your decision.

We are a friendly supportive community. Care and share.

Please ask if we can advise some one in our community or a member of our team.

Pleasure to meet you.

Take care.

@thespiceman

poppy123456

Hi,

Your next step is to request the MR and you have 1 month to do this. Knowing the reasons you were placed into the group you were in before being found fit for work will help you write the MR letter request. If you were in the Support Group then it's not about scoring points, it's about meeting at least one of the support group descriptors and you should base your MR request on this.

Bare in mind that most MR decisions remain the same so you'll most likely have to take it to Tribunal as most do. If this does happen then you'll be able to go back onto assessment rate for ESA once the Tribunal have accepted your appeal, fit/sick notes from your GP will be needed for this and they will also need to be back dated to the date your ESA stopped if you want to claim the back dated money.

You're right, if you claim UC then you won't be able to go back onto ESA in the future.

If you're claiming housing benefit/council tax reduction then you'll need to ask your local council for a nil income form, fill this in and you'll continue to be paid both of these.

There's at least a 5 week wait for a first payment of UC so you're going to be without money while you wait anyway. My advice is to wait if you can and avoid claiming UC. Then you'll be able to go back onto assessment rate of ESA (£73.10 per week) basic rate, without any premiums.

If you were claiming any premiums on your ESA then these aren't paid on UC so that maybe another thing to think about.

Getting some help with the MR/Tribunal will be a start and you can do this by contacting welfare right or a law centre near you.

Pippa_Scope

Hi @Daiseydot, and a warm welcome to the community! I hope the above guidance is helpful, and do let us know if you have any further questions.

I'm so sorry to hear about your pain, that must be really tough. Do you have support from your GP?