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ESA problem

Nuttall
Nuttall Community member Posts: 2 Listener
in PIP, DLA, and AA
Hi,
New on this forum. I've had such a long battle with DWP in relation to appealing my ESA decision. I was placed on WRAG in ESA, 2015 and after 365 days of claiming, the DWP stopped it on boxing Day and stated that if I wish to appeal this decision to do do within a certain time limit, which with much help from husband and an agent called fightback we did so. This has been going on for coming up to 9 months. Evertime my hubby phones them to find out what is taking so long, he is confronted with lies everytime. They have told him they have sent a form to GP called ESA 113 for him to complete, apparently this decides whether I will not have to face a face to face assessment. GP still hasn't received this and now GP secretary is chasing it up with them to save me from anymore undue stress. They still continue to lie to them. This situation has caused my mental health to deteriorate even more. I was diagnosed with fibromyalgia and ME in 2015. I sadly had to be medically retired from my NHS nursing career. I have since been diagnosed with PTSD and sleep apnoea. Has anybody else had a similar problem or have any advice on what I could do from here? My husband is looking into contacting our local MP. Thanks for taking time to read my post.

Mandy
 
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  • dogfather
    dogfather Community member Posts: 61 Connected
    Mandy sorry to hear your problems with ESA, you said in your post you have been medically retired from the NHS.  Do you get a pension from the NHS? 
    Was your original ESA assessment for contribution based ESA or income related? 
    I am not 100% certain but believe that if you are in receipt of a pension, of more than £85 per week your ESA is reduced is reduced by 50p for every £ over the £85 pension you get per week.  You have to let the DWP know if you are in receipt of a pension so they can make any necessary adjustments to your award. 

    Are you still getting fit notes from your GP,  I assume you continue to send these to the DWP? Have you contacted your local CAB for their help and advice?Contacting your MP may be a good idea as it seems very strange that the DWP have not managed to progress your appeal over the last nine months. 

    As as you have so many ongoing health issues have you applied for PIP ( personnel independence payment) to help with your daily living problems? There is a PIP test on this sit which you could use to see if you meet the criteria to claim PIP. If you meet the criteria any payments you receive and not means tested or taxable, where as I believe ESA is. 

    I am sure there are lots of other people on this site who can give you more advice.







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  • Nuttall
    Nuttall Community member Posts: 2 Listener
    Hi dogfather,
    I applied for my NHS pension and was rejected on the grounds of apparently my age and for the fact my condition is classed as fluctuating (fibromyalgia & ME). Although the condition has massively affected my day to day living. I am in constant chronic pain and now use a walking aid on the days I can get out of bed. They obviously know that this condition is different from person to person. What upsets me too is I had an assault by one of my patients who presented with challenging behaviours, I wasn't supported by management at the time in 2011. My neurologist confirmed that a whiplash type injury could have caused fibromyalgia, years later. As I wasn't diagnosed with this until5 years later, I couldn't provide the evidence to suggest this. I feel so let down by my previous employers, such a company like NHS. I'm now receiving therapy for PTSD.

    I was hoping to make another claim to see if I could receive pension now as I have deteriated considerably since first request for pension. 
    Any advice would be helpful thanks
    Mandy
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  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hello Mandy and welcome
    So sorry you are going through this.
    Even if your GP receives the ESA113, it is not designed to help you. If you have a good relationship with your GP then a letter of support detailing specifically the problems you have in daily life, not just your medical conditions.
    Getting help from trained advisor ie. CAB or welfare rights may help. At this stage getting your MP involved may be of great assistance in pushing your case forward.
    The very best of luck. Please let us know if we can help in any way

    CR
    Be all you can be, make  every day count. Namaste
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  • dogfather
    dogfather Community member Posts: 61 Connected
    Nuttall when you worked for the NHS were you in a union?  How long ago since you left work?  I am not an expert however if your health condition had been on going for a long time before you left the employment of the NHS what reasonable adjustments did they make so you could continue working for the organisation? I am assuming you were of work long term before giving up work and occupational health will have been involved in trying to get you back to work? I just wondered if you may of had grounds to claim unfair dismissal from your previous employer because they failed to offer reasonable adjustments as required by the equality act 2010 so you could carry on working? 

    I believe you can contact your previous employers provided them with your new medical evidence and ask if they would reconsider giving you your pension. I wondered if you had a union rep they may well help you fight your case, either to help with getting your pension or why reasonable adjustments were not made so you could carry on working and not be reliant on benefits? 


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  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,101 Pioneering
    Hi @Nuttall,

    I'm sorry to hear about your situation and the problems you are having.

    @BenefitsTrainingCo, do you have any advice?
    Liam
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    Hi Nuttall,

    A mandatory reconsideration should only take 8-12 weeks absolute maximum to be decided upon. This is the stage after the first decision before you appeal to the tribunals service. It sounds as though you are still at the mandatory reconsideration stage which is a ridiculous amount of time.
    You should contact your local Welfare Rights team or CAB to get some practical assistance, or you could phone the DWP and complain to a manager about the length of time this is taking. Getting your MP involved usually works, you'll get a rapid response from the DWP then so that may be the best course of action to take.
    It sounds like you should definitely apply for PIP though if you don't get that or DLA at the moment. 
    I can't advise you on your NHS pension unfortunately as my expertise is benefits. Good luck!

    Lee
    The Benefits Training Co:

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