ESA & Universal Credit

poppy123456

As you're claiming Contributions based ESA then you will see deductions each month for this and for UC it will be £483 per month. This is my calculation.

Standard allowance..£317.82 over 25

LCWRA element £336.20

Then you'll receive your housing element on top of this. Check here what you should receive for that based on 1 bedroom LHA for you area. Remember just add your postcode, don't add your local council because this will cause an error. You will then need to convert that weekly payment to a monthly one then you'll know exactly what your housing element should be for UC. https://lha-direct.voa.gov.uk/

They will then deduct £483 per month from your UC amounts because your ESA is deducted £1 for £1 from your UC.

You also need to add another deduction for the advance payment ( £56)

What you need to look for is the LCWRA element of £336 does it state this on your statement? I'm going to guess that it probably doesn't. If it doesn't then you need to ring to speak to your case manager to ask them to send the MPG1 form to ESA, once this is done the element should then be added.

Receiving an extra bedroom will usually only apply if you need overnight care. If this isn't needed then it's possible they may refuse.

For the DHP a decision may not have been made yet but you need to speak to your local council for this because if they agree it's those that will pay it and not UC.

Hope this helps. Good luck with the Tribunal and please do let us know the outcome.

Adrian_Scope

Hi @TeddyB22. Thanks for updating us with your statement. 
The £24 deduction for ESA should only be this month (this will be the income-related part and may have overlapped). The future deductions for contrib-based ESA will continue as Poppy has calculated for you above.

With regards to the extra bedroom entitlement for your carer/emotional support, they usually only allow these when you're in receipt of PIP/DLA/AA. If you win your PIP appeal you should be able to challenge this decision. 

TeddyB22

Thanks Adrian. 

TeddyB22

I have my tribunal at the end of the month and I can't describe the stress. I'm not sleeping or eating and it's really taking a toll.
I sent off a letter from my Therapist but now need another from my doctor. I'm dreading that but I'm going to force myself to ask her to write specifically about my anxiety, depression and panic attacks. I wonder if I wrote out a letter stocking to the descriptors that apply to me will it help her?
I'm getting me brother to write a letter detailing what he has to do for me and I don't knew whether he should type it out or just use his own handwriting?
Last thing and I still don't know whether (I've probably been told serval times but I can't remember information) to send in my medical notes or being them with me. I have an appointment with the CA a few days before so maybe they need to see them?
As always thanks for the support. 
TeddyB22

poppy123456

I'm sorry to hear this!

A letter from your GP isn't the best evidence to send and even more so if it's patient lead. This is because a GP will very rarely know how your conditions affect you against the PIP descriptors.

Yes, your brother can write a supporting letter, it will look better if it's typed but it can just be hand written.

Your medical records should have already been sent as i believe they asked for these at your last hearing, is that correct? If you have your medical records to hand then i would send them ASAP, this way there will be less reason to adjourn the hearing again next time. If there's a lot of evidence to read through on the day then they won't have time to read it.

Hopefully this time a decision will be made and it will be in your favour. Do let us know the outcome. Good luck.

TeddyB22

Thanks for your reply Poppy. I think at the last meeting they told me this was the last adjournment they could give me and this time it was for getting representation.
They didn't if I recall all me to send the medical notes. They just asked me to bring them with me. I could send them anyway but I was going to show them to the CA rep when I see them before the tribunal. They told me at the tribunal that I should go through the medical notes and only submit relevant info, which  is too confusing so I'll need help with that definitely.
Just wondering if I should forget the doctors letter altogether as there is nothing new in it evidence wise.
Teddyb22

poppy123456

As you're seeing your rep then i'd advise you to ask them about the evidence and go through it with them. Sending all your medical evidence if it isn't relevant isn't going to help.

If it was me then i wouldn't ask my GP for a supporting letter because he doesn't know anything about how my conditions affect me.. There could very well be a charge if they do write a letter so be aware of that.

TeddyB22

Yeah she always charges me. Never charges my brother or mother. I'll ask her in person as I don't trust the receptionists who didn't ask her for my medical notes until the day before my last tribunal.
Many thanks Poppy. Have a nice weekend. 
TeddyB22

TeddyB22

Hi, I wonder if I could pick your formidable brains for a moment? I've been preparing my paperwork for my interview with CA tomorrow and I think I've cobbled together the most relevant Info.
I've started with the huge booklet of legal jargon they sent me and I've noticed under the descriptors in this document the one concerning Following The Route Of  Familiar Journey they have worded it thus: *For reasons other than Psychological Distress*.. Cannot follow the route of an unfamiliar journey. On the online PIP tests & nearly all the other documentation I have it just states as the descriptor 'cannot follow the route of an unfamiliar journey without another person'. I've been scoring myself 10pts on this even though I really need help with any journey.
Have I miss read the whole thing? I am forgetful and easily confused hence why I need constant help.
TeddyB22

TeddyB22

While I'm here can I ask your opinion on something else?
On my original decision letter & subsequent appeal letter the assessor said that I appeared 'adequately nurished'. I didn't say I couldn't take nutrition just that I often didn't eat and my brother would encourage me too. I don't use a cooker (too many accidents) and only heat stuff up in the microwave.
She also said that I said I had problems interacting with people but I was fine with her, articulate abs calm. Well that's what 4 diazepan do for you and I'm not like that around people I don't know. I suffer from social anxiety and rarely leave the house. I told her this.
She said I was accompanied by my brother but he didn't come in. He didn't want to. He's a difficult person. At that assessment he had his 3 kids in the car. He was taking them Christmas shopping. She said I was going shopping. I never says that. I say in the car in the car park for 3 hours while they window shopped. I couldn't dream of walking around a busy shopping centre. If die of panic.
These are just 2 of the most duplicitous statements in the original decision letter and obviously upheld at appeal. 
Do I argue this at the appeal? How can I prove it?
TeddyB22

poppy123456

It will totally depend on how your conditions affect you, whether you'll score points in this descriptor. It's very very easy to score yourself points when using the PIP self test, if you don't fully understand the PIP descriptors and this is one of those very reason that i almost never put a link to this test when advising anyone here on scope.

Why can't you go out alone? What would happen if you did go out alone? What happened the last time you went out alone or were left alone when you were out? This is what the Tribunal will be asking.

I'm also not sure exactly what you're reading but the words "For reasons other than Psychological Distress" have been completely removed from the following and planning a journey descriptors.

As no one knows exactly how your conditions affect you it's very difficult to give you any advice regarding this but this link may help you more. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#mobility-activities

TeddyB22

I'm reading from the booklet they sent me with alot of legal examples and a summation of what I said at the assessment. It is over a year old so maybe the descriptors have been a mended.
I got a bus to the last hearing and took a panic attack that left me fighting for breath and in the middle of nowhere after I got off the bus. When I calmed down I rang my mother who then rang a taxi. I was a mess in the taxi, embarresed and was close to telling him to turn round. I suppose hailing a taxi does not mean you can't follow an unfamiliar journey either.
I'll go through all these points at the CA meeting tomorrow but if they dunt think it's worth my while going I'll not go to the appeal. 2 years of this stress isn't worth it. 

poppy123456

The following and planning a journey changes took place a more than 2 years ago, so what you were given is out of date. See changes here. https://www.gov.uk/government/publications/personal-independence-payment-changes/overwhelming-psychological-distress-and-journeys-changes-to-pip-law-from-28-november-2016

It's always worth attending the hearing, as you've come this far it will be a shame not to attend at this late stage. I realise how distressing it is but hopefully this next hearing will go ahead without being adjourned, if you've done everything they ask you to do at the last hearing.

Appearing in person is always the best option and they are so much more understanding that DWP and the health assessment providers. Hopefully a decision will go in your favour and you can at least relax a little.

Do be aware though that sometimes they can't make a decision on the day, if this happens they will write to you within a couple of days. It's not a bad thing and definitely doesn't mean you haven't won, lots of people don't have decisions on the day of the hearing and are successfully awarded.

May i ask when the hearing is? i forgotten?

TeddyB22

My heads away. I'm sure I posted a reply?!?
It's in Tuesday 26th Poppy. 
Would it be rude of me to ask the Cit Ad if I could go with them? I'm v close to their office & we are both going there. 

poppy123456

TeddyB22 said:

Would it be rude of me to ask the Cit Ad if I could go with them? I'm v close to their office & we are both going there. 

Sorry but ask them if you could go with them to where? Or do mean you ask them if they can go to the hearing with you?

If so then it's very rare for a local CAB to represent at a Tribunal hearing now because they just don't have enough of funding.

TeddyB22

The Cit Ad are representing me at the Tribunal. They phoned me on the day of my last one. That's why they granted me the adjournment. 

poppy123456

That;s very rare, You will need to go with them because you're the claimant. Having representation doesn't mean you don't need to attend and you will still need to speak for yourself during the hearing. Representation is there to present your case only.

Adrian_Scope

Hi @TeddyB22. Do you mean, would it be rude for you to ask your CAB representative if you can travel with them to the tribunal?
If so, no it wouldn't be rude. However, they may have rules against it for both insurance and safety purposes. 

If you do plan to ask, the sooner the better. If they're unable to help you, they may be able to suggest other alternatives. 

TeddyB22

I had my interview with the CA yesterday morning and they made me feel a bit brighter about my prospects. I have to go myself. I will have to pay for a taxi which will be expensive. I attempted to go by bus on my own last time but it caused me to take a panic attack and I felt terrible for days after.
The only thing that is concerning me is that the lady thinks I can score on nearly every descriptor. I only really highlighted the mental illness side of things and how it affects how I interact with people and my problems with going to places I don't know. 
She was v honest with me and said that they have set a high bar with regards to mobiity. She also argued that the assessor made presumptions about me based on physical appearance which she shouldn't have.
My medical evidence is pretty consistent and my Psychologist wrote me a strong letter lately. My brother also wrote a personal statement. 
She said its not necessary for me to prepare a personal statement as she will make an outline of problems and where she wants them to score. 
She seems pretty experienced. I think she's gong to go in guns blazing bc I am not going in looking to have an offer improved, I'm gong in fresh and looking to be awarded for the first time. 
Thanks fur your reply Adrian. 
TeddyB22

Adrian_Scope

Hi @TeddyB22. I'm sorry they can't help with the transport. I believe the tribunal service has agreed to pay for taxis for claimants in the past, did your CAB representative mention anything about that?

It sounds like you have a good rep fighting your corner and I wish you all the best for tomorrow. Be sure to let us know how you get on and remember we'll be keeping everything crossed for you.