Missed medical appointment, not entitled to ESA

helenm4

Hello everybody.Just joined and am hoping somebody can help with advice!  This is on behalf of a neighbour with learning disabilities,12  months ago he lost his home of 14years due to his esa being stopped. He missed a medical assessment. He cant read and struggles with dealing with people or circumstances unfamiliar to him.  Previously a friend/carer sorted all his mail/meetings/financial aspects but then she moved away and he couldnt cope.Nobody realised until it was too late. Since then he has had help from welfare rights and is waiting for his tribunal date,but has received no money atall in nearly 18 months!!!! Was told to get fit notes (which he did!) in order to get the low rate esa payment,only to be told yesterday he wasnt entitled tto it because he missed his medical. At an absolute loss as where to go from here and any help/advice would be greatly appreciated.x

Antonia_Alumni

Hi @helenm4

Thank you for sharing this with us. I am sorry to hear what neighbour has been going through. Some of our members may be able to help you with this soon.

poppy123456

Hi,

I'm afraid what's he's been told is correct because he failed to attend the face to face assessment he won't be paid assessment rate of ESA until the Tribunal make a decision. The Tribunal is purely because he failed to attend the assessment and they now have to decide whether to accept his reasons for not attending. If they accept the reasons, he will then be able to go back onto assessment rate of ESA while he waits for another face to face assessment. When you fail to attend it's an even longer process that just being found fit for work.

The only option he has at this moment in time is to claim UC but if he claims UC then he won't be able to go back onto ESA.

It's a very difficult choice to make and i'd advise getting further advice before doing this. On the other hand if he has no money then he may not have any option but to claim UC.

Benistmonk

Get social services involved, as he can't look after himself, they will look after him. Sort his claim out etc.

https://www.familylives.org.uk/advice/your-family/social-services-and-your-family/social-services-and-your-family/

worried33

Agree with the above reply, also UC isnt as bad as people make it out to be, if you dont get SDP then I dont see the harm in switching to UC and if thats what you need to do to get an income then it might be the only viable course of action but as others have said its advisable to try and get help on this from someone, so they can provide personalised assistance.

Government_needs_reform

worried33 said:

Agree with the above reply, also UC isnt as bad as people make it out to be, if you dont get SDP then I dont see the harm in switching to UC and if thats what you need to do to get an income then it might be the only viable course of action but as others have said its advisable to try and get help on this from someone, so they can provide personalised assistance.

But you must remember @worried33 there are many that cannot leave home, use Internet or even understand the process of UC, yes for some it may well be easy? But remember their are people that have been bed bound and trust issues.

Also people already on ESA should not be made to reclaim UC.

Heres why. ⬇️

worried33

On UC I will be nearly £100 a month better off and thats even with losing my transitional protection on housing costs, the main losers are those who get SDP, almost everyone else on ESA SG will be better off.

Also I do think online management is the way forward, having to send documents in the post, wait long times on the phone, visit job centres etc is all stone age.  I like the idea of having a case manager, and also like the idea e.g. if you found fit for work, you dont have to reclaim a new benefit but instead they just remove the LCWRA element from your UC, there is a lot of good things about UC.

All the hassle I had sending in my bank statements when on UC it would be a 5 min job to upload the documents online, also the DWP are accountable to what they say to you in the journal as it will be logged.

I agree UC is not perfect, they need a solution for those who cannot use computers for sure, but I feel a false picture is been painted when it is been made out UC is bad for everyone.

Government_needs_reform

Yes @worried33 agree in princable people that do t recieve SDP? 

I have done the maths regarding that. But I  on SDP so I would be worse off and my argument is I'm knackered and take more pills than a pharmacy has..lol.

Nut we should not have to make a fresh claim for UC when the DWP have updated information already as their trying to force everyone to re sign up for it via the Managed Migration as it stand? But we are fighting for the right to just be moved over when the migration starts fully in 2020 after the pilot due to start in July 19.


But for new claiments that are Disabled and pass a work assessment will be better off for that reason. Agree.


Edited to add. It has caused a lot of devistation for many.

worried33

Well the good news is that very soon (maybe is already the case) that you now wont be moved to UC if you have a change of circumstances whilst in receipt of SDP.

So e.g. the old rules apply when appealing a FFW decision if you eligible for SDP.

The government has agreed also by the time managed migration date comes those with SDP will get transitional protection.

Who else aside from those with SDP are financially worse off on UC?

Also if you have a new petition which is just about avoiding have to claim for UC instead of automatic migration then I will happily sign it.

poppy123456

I have to completely agree with @worried33 here. If you're in the support group for ESA and you don't claim the SDP then UC LCWRA actually pays more. What people don't realise is that when you first look at it, it seems like you'll be worse off but that's not true. UC pays monthly where as ESA is paid fortnightly. Do the maths and you'll see that you're better off.

Yes, UC may not be the ideal benefit for disabled people when you first claim it BUT if you've already got LCWRA then there's no appointments, job searches or anything.

Government_needs_reform

Yes it's been implemented claiments on ESA with SDP will not be moved over and that ruling came in on the 16th Feb.

I fully understand all the regulations regarding migration, SDP, transferes.etc. Also I've just been put back in the Support Group, so hopefully it will be a long while yet for me.

 My PIP is already on going amd not long to retirement hopefully miss out being moved onto UC.

helenm4

Thankyou for all the replies,i do appreciate them all.   I didnt mention before(sorry!) but a relatives'(of my friend) name and address was given to dwp with the consent to speak on his behalf and to make sure important letters werent ignored. She received just one letter confirming the arrangement of consent etc made couple days previously on the phone.  Nothing else was sent . She has written a letter stating this ,to the tribunal . Whether it helps or not,i dont know.  Thanks again everyone and goodluck to you all! X