hi guys: hope your all felling a bit... - Fibromyalgia Acti...

Fibromyalgia Action UK

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hi guys

rosehip profile image
12 Replies

hope your all felling a bit easier today with the pain. just to let people know that if your on esa work related you only get it for a year . mine as stopped and they told me 3 days after my last payment went in the bank . so please be aware its going to stop. and also there is no other benefit you can claim if you partner works . I am devastated and shocked I cant get any money from anywere . and also I may be called for medicals and assesments even though im not getting any money. this gov stinks .

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rosehip profile image
rosehip
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12 Replies

Have you claimed or do you get dla or pip if it has started in your area yet

VG x

rosehip profile image
rosehip

I get low rate dla £20 a week

I take it you have a working partner that's why you can't claim anything else....

If you do could they claim working tax credits if they don't earn much

VG x

rosehip profile image
rosehip

we are going to try for tax credits. the point is though ive worked all my life why as this gov took my rights to sick pay away. disusting

beaton profile image
beaton in reply to rosehip

Yes this government stinks,I've been there. My hubby is retired so we claimed pension credit. (same as tax credits.)

I have worked all my working life even when the kids were young.Paid nearly 40 years NI.Couldn't get DLA,got ESA(365)NO offer of job or work related help,then cut off after last payment.I shan't be voting conservative ever!

Deefer profile image
Deefer

I have been on ESA assessment rate since failing my ' medical' in January last year. In February this year I was told that my ESA had stopped because of the 365 day rule. I have only just had the date for my tribunal. I have been arguing with the DWP that the 365 day rule only applies to people on proper ESA not the assessment rate, because it is written in their rules that you should receive it pending your appeal. They just won't listen and as I have it in black and white I am off to see my MP. One person on the phone told me that at the DWP they don't have to do what the government says ( ? ) and I politely pointed out that they are a government department !! It's hardly my fault I've had to wait over 12 months for the tribunal, but they think it's acceptable to leave people without any money. I also found out that they are supposed to inform you in advance if they are stopping your benefit ( by law ) so again they're breaking laws and rules and there's no comeback. And they say with fibro that stress is bad for us !!!!

SparkyMark profile image
SparkyMark in reply to Deefer

When you first claim ESA it is for Contributions based and this is only for 52 weeks which is stated in the small print when you get your award. This is how they get away with not telling you your payments will stop as you have already been informed. Two months prior to this happening, they are supposed to send you out the claim form for Income based so that there can be a continuation in payments, but they often fail to do this also. With income based ESA, all of your income, including partners and children over 18 who still live at home, so very often you do not qualify as there is too much coming into the household.

Loopykaz68 profile image
Loopykaz68

I Agree I have fibro but its my son has tried to clam ESA had his assessment between Christmas and new year and failed to et it he has claimed it for learning disability he is 27 and can not work because he lacks concentration can not handle his money or understand any letters he gets he has support workers 3 days a week to help mentally he can't work but to look at him he looks able to work has tried but can only seem to keep a job for a week and that's just part time cleaning job .the government should at the mentally disabled as well. We could not appeal because the doctor was getting tired of give him sick notes and also thinks he should do some sort of job. He has gone back on j.s.a but he won't keep a job but they don't seem to understand .they cut his ESA payment off one week be for telling him and then we had the normal forms and it took 2weeks befor he got any money and then had money problems bank charges bill refused.x

MichelleAshford profile image
MichelleAshford

My understanding of ESA is that if you are on contribution based then it is only for a year unless you are in the support group, if you are on income related then I am wondering how that has happened, maybe it would be a good idea to question this, hope you get things sorted....

Hi I'm new to this site.I too have had my esa stopped in october, I am still waiting for my date for my tribunal. I have just received another form to fill in for esa I had for got about this you get to claim again I rang the job centre to see if I still had to fill it in even though I was waiting for my tribunal the answer was yes.I'm fed up of having to fight for everthing and like the rest of you it causes some much pain and distress that we do not need.I can't remember being without pain I've suffered from being a child and I'm now 60.

Gentle hugs to everyone.

Deefer profile image
Deefer

My problem is I've never been awarded esa as I was on incapacity benefit so have not been in any group. This is why I'm arguing that the 365 day rule should not apply as it is not my fault that I've waited so long for the tribunal and it is clearly stated that while awaiting the results of appeal the claimant will stay on assessment rate ESA. I can find nothing that states whether that is contribution based or income based. I just think they are making up the rules to suit themselves.

cutebird profile image
cutebird

Hi, hope you're doing ok today. just wanted to let you know about my experience with this. My ESA was stopped in April last year, (after I had it for a year) Have you tried to apply for income related ESA?? It can be tricky to get this if you have too much income coming in. I have some information from a leaflet, called ESA 40 (04/12) It is a notes leaflet that usually comes with any ESA application form. On Page 2 it states "I you have not paid enough n.i. contributions at the moment, ar your contribution based ESA has ended because you have received it for 365 days, you can apply again from January afterwards. We can then look at contributions in different tax years which may help you satisfy the entitlement conditions" I am trying to do this myself at the moment. I'll let you know how I get on. Also, there is something called Discretionary Housing Payment, and Council Tax Hardship Fund. This you can apply for, if you help with you rent and council tax. I have just applied, and been succesfull. Sorry for the long message, but I only found out most of this just recently, and thought it might help some of the people on this website. Gool luck with everything, and let us know how you get on. Lots of love xxx

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