Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

ESA

Elaine_62Elaine_62 Member Posts: 2 Listener
Hello everyone, im new and just thought i would introduce myself.
I joined because I received a phone call on Monday following my ESA assessment to say as of that day I will no longer receive ESA and did I want to be transferred to the JSA department to make a claim! She also explained that there was a letter in the post to explain everything, the letter arrived yesterday. I did not score enough points therefore I'm no longer entitled to ESA. I'm also in receipt of PIP, lower rate for care and mobility element. I'm scared, confused and baffled by the desicion and just don't know how I'm financially going to manage. Ive arranged to see a benefit advisor at CAB on the 14th of this month whom I'm hoping can help and advise me.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    As you've been advised to claim JSA i'm assuming you were claiming the severe disability premium in with your ESA because you live alone or classed as living alone?

    For the ESA were you previously in a group, if so which group were you in and do you know the reasons why you were in that group?

    Knowing the reasons why you were previously in a group will help you with the MR letter request if those reasons still apply to you. This way you can based the MR request on those reasons.

    You have 1 month from the date of the decision to request the MR which should be put in writing, stating which group you think you should be in and your reasons why.

    Only 19% of MR decisions change so you'll most likely have to take it to Tribunal. If it gets to Tribunal once they accept the appeal then you can go back onto assessment rate of ESA but you'll need sick notes from your GP.
    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.
  • davedj44davedj44 Member Posts: 32 Connected
    I have an esa assessment at the end of the month  I'm already 47 weeks waiting for a pip tribunal I'm absolutely terrified of losing this too, I have no one to come with me and I'm struggling to cope I have adhd ptsd anxiety HBD but it seems that non of this is considered a disability any more. 
  • April2018momApril2018mom Posts: 2,869 Member
    Why were you in the group? 
    I recommend going to a tribunal and asking for a sick note from the GP too. Don’t hesitate to act as you only have four weeks to request a mandatory reconsideration. Good luck and please keep us updated too. 

    Make a list of reasons beforehand. Go from there. Feel free to message me if you have any other questions.  
  • Elaine_62Elaine_62 Member Posts: 2 Listener
    Thank you for all your comments and support, they're much appreciated.
    I was born with a form of spina bifida, (mild form) and has only caused me problems the last few years, I have arthritis in my neck, back  and hands and fibromyalgia. I have worked most of my life but with my health problems it became increasingly difficult as I was in alot of pain. I was awarded ESA and placed in the support group in 2016, I also have the standard rate of care and mobility with PIP. However, I realised that I was allowed to do permitted work and found a part time job which I enjoy doing so I was taken out of the support group last September which I understood would be the case, I only do roughly 10-12 hrs per week and I don't work mornings due to stiffness and pain, I suffer with constant pain, in various degrees throughout my body, joint pain and stiffness, especially in my hands, headaches, neck, back, knee and foot pain, IBS, constant urine infections, nerve pain and bouts of severe depression due to fibromyalgia and have tried to take my own life as I just couldn't take anymore but working helped so much with the depression. They now deem me fit for work after my last assessment and immediately took me off ESA. I feel I've been penalised for working! So I have my small wage and PIP, although I have a feeling I will be taken off PIP also. I just don't know what to do, I know I physically cannot work full time. Ive looked into working tax credits but it's all a minefield!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Being found for for work after doing permitted work can happen unfortunately, if the work you do contradicts the reasons why you were claiming ESA.

    New claims for tax credits are no longer possible, so unless you're already claiming child tax credits then you won't be able to claim for working tax credits. This is because all areas are now a full Universal credit area. If you claim UC then you won't be able to go back onto ESA anytime in the future.

    My advice is to get some face to face advice from an advice centre near 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.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Elaine_62,
    I agree with Poppy's advice. If you were getting the severe disability premium in your ESA (because you get PIP daily living, live alone & no one gets carer's allowance for you), and your ESA stopped within the last month, you can claim JSA. I know that seems counter intuitive as you have a job! However, you work under 16 hours, so you may well be entitled to some income-based JSA, particularly as that also has a severe disability premium. You won't get as much as on ESA, partly because you won't benefit from all your earnings from work being disregarded, but you would avoid UC.

    You should also make sure that you let housing benefit and council tax reduction know about whatever you end up claiming instead of UC.

    You may also unable to claim UC if your housing benefit contains a severe disability premium (which is possible because of the way that benefit is constructed, for the same reasons, but is 'invisible' because if you're on income-related ESA you get maximum HB anyway).

    You could claim working tax credit if you are someone who was getting the severe disability premium within the last month and/or gets it in HB. But you can't do that anyway because you don't work enough hours.

    You should, as advised above, request a mandatory reconsideration of the ESA decision. You don't have to wait to see the CAB adviser to do this, you can just write to the DWP & say that you want an MR and that you think the decision is wrong. If possible, use the ESA self-test to explain why you should have got at least 15 points, but don't worry too much at MR stage because as Poppy says, MR requests are rarely effective.

    Don't claim UC, for sure, until you see the CAB adviser to see if you really have to. It sounds probable that you can't claim UC anyway because of the disability benefits (PIP) that you're on, but it would depend on all the circumstances. JSA is quite likely to be right for now. If it does turn out to be UC that has to be claimed, you can ask for a month's backdating because of your disability.

    If you do claim JSA, explain to the Jobcentre what has happened. A decent personal adviser (work coach) is likely to just leave you doing the work you're already doing & not expect you to look for more, given the circumstances. And when it comes to claiming JSA, I wouldn't wait to see the CAB either - if JSA say no, they'll say no, but backdating is complicated & you may as well claim, it seems to me, especially as given this is what DWP suggested it seems likely that you are an SDP claimant.

    Do get in touch with the local authority and make sure they know what your income is now, including any new benefit claim you make.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
Sign in or join us to comment.