Author Topic: ESA failure  (Read 2856 times)

gorbut

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ESA failure
« on: October 28, 2016, 05:25:30 PM »
Hi everyone

I might be having to make myself a nuisance here asking questions for a while as my DD has been thrown out from the ESA support group and told she has to claim JSA. She had WCA on 4/10 and apparently based on that she is able to mobilise for more than 200 metres (so why is she wasting money and electricity on a powered wheelchair then) and is able to do all sorts of other things such as raise her arms etc. As she suffers from ME/CFS she has always put she can do things but not repeatedly and we stressed this on form and at the meeting explaining her need for painkillers etc. BothDD and DS have been ill and needing to claim benefits now for over a decade so I know where to find out what to do next but I might need to check with the knowledgable ones here and also probably be reminded not to scream at anyone working for the DWP. I am usually a mild mannered retired teacher but as DD now feels she is being classed as a fraud I feel like screaming at someone. She was already upset by the fact she is 30 in less than two weeks and has not been able to study for qualifications, have a romantic relationship or much of what others her age take for granted.

I am really grateful that she lives with us as her ESA was stopped as from yesterday with no notice so what she would be supposed to live on I don't know. She can't apply for JSA because she us genuinely not capable of work, unless they have any jobs that allow a 10:30 start, a sleep from around one for a few hours and provide a bed that can be laid on when sitting is too tiring. Actually I can only think of one but she may have moral objections to that  >biggrin<

Sorry this is rather a rant and hope it doesn't upset others in the same position by a) reminding them of their situation yet again or b) making those without family able to support them feel even worse. DD is aware that she is comparatively lucky in this aspect at least.

huhn

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Re: ESA failure
« Reply #1 on: October 28, 2016, 06:15:58 PM »
 >hugs< >hugs< >hugs< >hugs< >hugs< >hugs<more I can not give >crying< >crying< >crying<

NeuralgicNeurotic

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Re: ESA failure
« Reply #2 on: October 28, 2016, 07:29:58 PM »
Gorbut, feel free to rant as much as you need to here, and please let your daughter know that we're all rooting for her. >bighugs<

auntieCtheM

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Re: ESA failure
« Reply #3 on: October 28, 2016, 07:54:21 PM »
Can your daughter appeal the decision?

Monic1511

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Re: ESA failure
« Reply #4 on: October 28, 2016, 08:35:03 PM »
HI
This is my take on the draft mandatory reconsideration(MR) your DD needs to complete.

Sirs
I wish to ask for a mandatory reconsideration of the secretary of states decision dated 27/10/16 regarding ESA.
You have failed to consider that I cannot repeatedly or reliably mobilise more than 10 meters, I rely on a motorised wheelchair as I have no power in my upper body to self people my wheelchair, I cannot use elbow crutches or walking stick as I lose the power in my hands.

For the majority of the time I cannot raise my arms above my head and cannot do this repeatedly.  My grip is unreliable and I regularly drop my cups.

You have not considered the effect of the painkillers which leave me exhausted and I cannot concentrate and often cannot retain information.

Please reconsider your decision and notify me of your decision


That's a very basic MR based on what you have said here but start contacting the consultants your daughter has for further info, GP's typically don't help in my experience

Monic

SunshineMeadows

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Re: ESA failure
« Reply #5 on: October 28, 2016, 08:54:49 PM »
I agree with the advice already given and want to add did you keep copies of the ESA 50 your daughter filled in and can you compare it to the more recent ESA50 she filled in? I ask because the way the computer assessment is designed is that if you dont tick a box that says you are limited the computer does not ask the assessor to ask questions about it.

Good luck  >x-fingers< I hope the MR gives a better outcome because I cant see how DD would so miraculously improved to from being in the Support Group to working.

Quote
She was already upset by the fact she is 30 in less than two weeks and has not been able to study for qualifications, have a romantic relationship or much of what others her age take for granted.

There is plenty of time to have adventures it is just a matter of finding the right ones. I was 35 when I went to America and my life for the better. I am not saying the last 13 years have been lovely all the time but life is not supposed to be good all the time.

gorbut

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Re: ESA failure
« Reply #6 on: October 28, 2016, 09:20:40 PM »
Thank you all especially monic. I find I can write sensible things about other people's benefit problems
but when it comes to my daughter I find it hard to think due to it being so emotional. It's easier with my son as he just gets cross with the system but my daughter starts doubting herself and imagines everyone is calling her a scrounged and her depression gets worse. I am going to write the letter based on monics suggestion over the weekend and will as usual send it recorded delivery

One major problem with proving how her illness affects her is that she does not have a consultant any more due to lack of funding so there is no one except the GP. We do have an OT coming round next week to assess them both for things like grab rails. My son's needs in this area are greater than my daughter's but hopefully it might produce something useful for her too and may legitimise the aids they already use which we purchased ourselves.

On the subject of lack of consultants does anyone know if the DWP pay any attention to private rather than NHS consultants. We wondered if they tend to think if you had to pay for it the consultant could not be trusted as they do seem to have very strange ideas 😀 If it is worth it we are in a position at the moment where we could afford a few private appointments due to my mother dying and leaving me some money.

This ESA letter today spoiled a good day as we just got a new car this morning with plenty of space for four adults and the wheelchairs and all the other junk we seem to take places with us. It is a nice cheerful bright blue too so I will go and gaze at that when I feel too fed up 😀

Monic1511

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Re: ESA failure
« Reply #7 on: October 28, 2016, 10:16:23 PM »
The one time we submitted private sourced medical evidence to a tribunal the dwp asked for the medical evidence from the persons own doctors, it was a stalling tactic in that case but I'm sure the appeal was won due to the medical evidence.

I know it's hard when your so close to the person, it might help if you work through the points and find the ones that your daughter meets and word your letter that way

Good luck  >bighugs<

huhn

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Re: ESA failure
« Reply #8 on: October 29, 2016, 04:55:30 AM »
and not  forget the financial side,  without support some people have not even money for food >yikes< >yikes< >yikes<

gorbut

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Re: ESA failure
« Reply #9 on: October 29, 2016, 07:19:51 AM »
Thinking of how this affects people who are not lucky enough to have family support is why she won't let me ask for the help of our MP in this. As he is IDS she feels she might not be polite to him bearing in mind all the misery he caused while at the DWP. I wanted to call his bluff on recent comments pretending he is concerned about disabled people and make use of him but she cannot stand the thought of him.

Monic1511

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Re: ESA failure
« Reply #10 on: October 29, 2016, 11:18:42 AM »
You could contact and complain about how the decision made by the dwp has impacted on you, after all you'll have to pick up the financial stuff, and IDS has just said that the. Loach film is not accurate cos unwell people just don't get found fit. Just make clear to him that your daughter doesn't want to meet him cos she would be so traumatised by meeting the person who made these rules that are causing her such stress that she hasn't given permission for him to contact dwp himself.  I would want an appointment just to be able to see him and make him squirm - I'm bad that way

Hurtyback

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Re: ESA failure
« Reply #11 on: October 29, 2016, 01:16:47 PM »
If your daughter needs money while the MR is undertaken, she can apply for JSA. She has been found fit by DWP, which overrides her own opinion of her capabilities! Once the JSA claim has been accepted, she can submit a fitnote for up to 13 weeks which should excuse her from all job seeking activities. This is usually long enough for the MR to be decided.


Once an appeal has been accepted by the Tribunal Service, and DWP notified of this, ESA basic rate can be paid. Of course, we hope that this won't get as far as appeal!

gorbut

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Re: ESA failure
« Reply #12 on: October 29, 2016, 05:43:06 PM »
That's an idea Monic. I might do that. DD hates him, has been involved in dpac demonstrations outside his community office and had some flyers printed before the last election asking people not to vote for him. He will probably think that I being brought up in the constituency vote for his party so we just won't tell him 😀

Monic1511

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Re: ESA failure
« Reply #13 on: October 29, 2016, 05:45:33 PM »
If your daughter needs money while the MR is undertaken, she can apply for JSA. She has been found fit by DWP, which overrides her own opinion of her capabilities! Once the JSA claim has been accepted, she can submit a fitnote for up to 13 weeks which should excuse her from all job seeking activities. This is usually long enough for the MR to be decided.


Once an appeal has been accepted by the Tribunal Service, and DWP notified of this, ESA basic rate can be paid. Of course, we hope that this won't get as far as appeal!

The above is accurate UNLESS you live in a universal credit full service area.  If you live in a UC area and try to claim JSA your put on UC which is worse for people with disabilities than legacy benefits

KizzyKazaer

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Re: ESA failure
« Reply #14 on: October 29, 2016, 05:51:36 PM »
Quote
I would want an appointment just to be able to see him and make him squirm - I'm bad that way

Shame on you, Monic, and there was us thinking what a nice person you are  >devil< >lol<

Gorbut, this is certainly an absolute stinker of a decision - if not an utterly stupid one  >doh< - so let's hope it's sorted at the mandatory reconsideration stage  >x-fingers< >x-fingers<