Enhanced Pip but no ESA

Buckinghamshire

HI

My daughter is disabled. She has a number of serious medical issues.  

She he has been on ESA and DLA for about 10 years.  She recently moved to PIP - in June -and was awarded the enhanced rate for both daily living and mobility. 

She recently had an ESA assessment and they’ve given her zero points. She was getting the severely disabled ESA premium.  We received a letter yesterday stopping her ESA and telling her to get a job. 

She can’t walk more than 50m - she can’t use her hands - and she’s really ill, 

Has this happened to anyone else?

I’m told that we can ask for a mandatory reconsideration, which I’ll do.  Do you think it’s better to do quickly on the phone or write to them, or both?

I don’t understand how she’s supposed to get to the job centre to sign on, let alone how she’s supposed to get herself to work. 

How can PIP disability not be taken into account at all?  She had an ESA assessment about 18 months ago and was given ESA, since that time she’s become more ill, not better.  

I’m just blown away by it.  Zero points.  She can’t lift a cup to her mouth some days. 

Dotty123

Ther doing it to most peaple mandatory you can do but takes mths you get no money .then tribunal it takes mths but you will get reduced esa 

michfinch

I eventually received PIP but was moved from ESA to UC and I supply 28 day Fit Notes. I am appealing ESA Decision but it has taken months. First Appeal Judge didn’t know why I was there and why I’d been moved and sent us all away, only to have new dates set....

Buckinghamshire

I spoke to them on the phone and they said two weeks for mandatory decision, is that not the case?  I thought maybe we wouldn't try to claim JSA, just wait, but if it's going to be months we might have to sign up for JSA.

poppy123456

Hi,

You need to put the request in writing stating which group you think she should be in and your reasons why. Send any relevant evidence you have to support her claim because they rarely contact anyone for evidence.

There's no timescales for any decision, it all depends on backlog in your area. Some waiting as long as 12 weeks but some wait just a couple of weeks.

Most MR decisions remain the same so you'll likely have to take it to Tribunal. If it gets to Tribunal stage then once they accept the appeal then she can go back onto assessment rate for ESA but she'll need fit/sick notes from her GP backdated to the date she was found fit for work.

This link will help you know what's available in your area for face to face advice. https://advicelocal.uk/

Adrian_Scope

Hello @Buckinghamshire and welcome to the community.

I'm really sorry to read about your daughter's ESA claim. I just wanted to add that if you do decide to make a claim for JSA while waiting on the MR (or possible tribunal), unless her SDP is transferred to another benefit (is she claiming housing benefit?) she'll have to make a claim for Universal Credit. If she does this, she will lose entitlement to SDP and even if her ESA is reinstated, she'll remain on Universal Credit.

Before you make a claim for JSA it's really important you get some expert advice on this and I'd advise you to follow the link Poppy shared to find some face to face advice in your area. https://advicelocal.uk/

Buckinghamshire

Thank you Adrian and Poppy. 

My daughter only receives PIP now, no other benefits like housing benefit.  I’ll get expert advice as you suggest. 

I’ve looked at the JSA applicant criteria and it suggests that you can only apply for it if you’re able to work and are actively looking for work.  She can’t work, so isn’t looking. I’m getting a sickness certificate from her doctor ASAP it sounds like that might be helpful later.  

Thanks for the advice. I’m going to see if we can get face to face to face now.  

Adrian_Scope

Hi again @Buckinghamshire. I'm glad to read you're going to look for some face to face support. When you talk with them, please be sure to mentioned that your daughter was getting SDP. If she applies to Universal Credit while waiting for the ESA decision, she will lose any future entitlement to this too as there is no equivalent on Universal Credit.
Best of luck and don't hesitate to ask if you have any questions. Please keep us updated with any progress!

Buckinghamshire

Thanks I will.  I’m really fraught about this, my daughter is about to start a series of day inpatient treatments, 40 miles from where we live and I’ve been referred for CTs on Wed to see if my breast cancer has spread to my brain.   I really, really do not need this right now.  I spent a year sorting PIP, won the tribunal in May.  And now this.  Sigh.  

poppy123456

I'm sorry to hear that!

May i just ask if your daughter claimed the severe disability premium in with her ESA, because she lives alone or classed as living alone? If she did then she won't be able to claim Universal Credit but if she didn't claim this then the only benefit available is Universal Credit.

If she claims this then she won't be able to go back onto ESA even if the MR/Tribunal decision goes in her favour.

If she doesn't claim UC and the MR decision doesn't change then she'll be able to go back onto assessment rate of ESA with sick notes from her GP while she waits for the Tribunal.

Buckinghamshire

Hi - Yes my daughter lives alone, with her Canine Partner disability assistance dog (that is completely wonderful).  Three years ago she used to live in supported care, with carers, but her father died so I moved her to live in the countryside really near to me, so that I could look after her and keep her company.  

When we were last assessed for ESA about 18 months ago they gave her the severe disability premium, which she received until last week. 

I dont think she can /should claim jobseekers, because she’s not fit for work and she isn’t looking for work and the form says she has to be both.  

poppy123456

It is possible to claim JSA with a fit note for up to 13 weeks. The advice here would be not to take the fit note to the job centre until the 2nd appointment. Lots of people have had no option to do this in the past and have done so without any issues. It won't go against her if you had to take the ESA decision to a Tribunal.

Of course if she can manage without claiming anything until the MR decision then she should do that. If she claims housing benefit then she'll need to fill out a nil income form for this to continue, speak to her local council regarding this.

Remember that she will need those fit notes if it gets to Tribunal stage and they will need to be dated from the date she was found fit for work. Good luck!