ESA: M Hubby this morning got letter... - Fibromyalgia Acti...

Fibromyalgia Action UK
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ESA

sharron1
sharron1

M Hubby this morning got letter back after have Assessment they have awarded him 0 points.

He get stamp related ESA and they have said they have stop it and he can go a work.

He is waiting for a shoulder op, as well as a knee op. he is in pain all the time.

He can not dress him self as can not use one of his arms, plus difficulty with his leg ie try bending both his knee., he can not go out on his own.

they know he can not bend his knees as they pop out of knee joint etc.

Are they taking the ??? you can raise one of your arms up ?? how as he as to support himself with stick and can not move the other arm.

you can pick up and move empty boxes, really, he as difficulty bending his knees as the pain he is in etc, are they being funny.

Any advise please

12 Replies
oldestnewest

Hi go to appeal and join benefits for work £20 will help you a lot .it is a fight with them and better getting proper help .do get a copy of medical report if any errors raise them and if any lies do make a complaint

Mdaisy
MdaisyAdministrator
in reply to Ajay575

The Benefits & Work website is a one that FMAUK recommend, however before joining sharron1 and paying for any material do contact the FMAUK Benefits Advisor first. ;)

Mdaisy
MdaisyAdministrator

Oh sharron1 So many of us can unfortunately empathise with this situation. It's awful the stories you hear and IMO the vulnerable people of the UK who need to claim benefits are being treated very badly by the current system.

I would consider speaking with the FMAUK Benefits Advisor to discuss the next steps and for advice & support going forward. All the information you need is in the post below, please click the link to read;

healthunlocked.com/fibromya...

Don't give up! I sincerely hope your husband gets the decision he deserves.

Hope this helps

Emma :)

Go to mandatory reconsideration first as they insist on that. Ask for the full assessor's report and see whether there are any glaring errors and then write to them outlining what you disagree with. If they still turn him down they are hoping at that point you will give in but don't as more people win at tribunal than fail. My husband was given zero points and when we went to tribunal we actually had an apology from the judge and they gave him 18 points. Unfortunately, contribution based ESA only usually lasts for one year if out in the work related group but can carry on if you can get him in the support group. Good luck.x

Moogue
Moogue
in reply to rosewine

phone them asap and tell them you want a mandatory reconsideration...you then have 28 days to gather your evidence. Also ask for a copy of your original application and its relevant medical statement. You also need them to supply both the assessor and decision makers documentation....there are very specific ways that these assessors must word their documents....and as everyone has said....benefits and work website.....but tell them asap that you want mandatory reconsideration...and tell them you want written confirmation of this request.

also ANY paperwork/letters/proof always send next day recorded.

Good Luck

sharron1
sharron1
in reply to Moogue

Thank you so much for information , as I was away last week to the other end of country for funeral.

Phoned up today only to be told they can not do a copy of original application and its relevant medical statement.

They will supply both the assessor and decision makers documentations.

They can not do written confirmation as this is over the phone and they saidthey don't do that.

regards

Sharron

Forgot to say that Benefits and Works have an offer on until midnight tomorrow for membership for about £16 well worth access to their various guides.x

Sorry to hear what you going through. It’s seems to be happening a lot! They can’t keep getting away with these lies!

Hope you get sorted out my thoughts with you x

Moogue
Moogue
in reply to Peanut585

yes they decide on a "condition" and basically call everyone with that condition in for re assesment.....at the moment its the "invisibles" they are targeting.

also dont think you are sending back too much info. remember also that alot of us have seen various legislation change with government change.

.....dont get downhearted persevere and you'll get the result....plus a backdate to the date you requested a mandatory reconsideration.

Fight it , it's awful that we have to do this , but it seems to be the norm . It's stressful - just don't give up ! Citizens Advise helped me greatly and did Benefits For Work . Good luck xx

Hidden
Hidden

Congratulations! Almost everyone scores 0 points. I got 0 points twice. Now I'm in the Support Group. Don't worry about scoring 0 points.

First thing is you need to contact the DWP / Jobcentre and request a Mandatory Reconsideration. THEN you need to submit a claim for Jobseekers Allowance or Universal Credit. --- That will get you some money.

Don't worry that you're asked to sign a form saying you're fit for work. The DWP / Jobcentre know you've asked for a Mandatory Reconsideration and will allow for disabilities.

Mandatory Reconsiderations can take a long time. 8 weeks is not unusual. So prepare yourself for a long wait. Meanwhile you'll be paid Jobseekers Allowance or Universal Credit.

87% of mandatory reconsiderations uphold the original decision. Just like your original 0 points, it's a nasty game the DWP are playing. Do NOT be depressed.

Once you have the mandatory reconsideration reply, you can submit an Appeal to the Tribunal Court.

Don't be afraid of that word "court". You are not on trial. The people in the Tribunal are very nice. Really helpful. They will have a doctor who will review the disabilities and, most often, you will get 12+ points awarded. Not scary in any way. Just like having a chat with your old school teacher.

Go see Citizens Advice and get them to fill out the forms and, if you end up at the Tribunal, they'll send someone to stand beside you.

Chin up,

John

waylay
waylay
in reply to Hidden

I really hope that you didn't apply for UC. You can't go back onto ESA once you get UC, and most disabled people are worse off on it.

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