Hi all. I recently received a letter from ESA saying that my medical certificate ends today and they want another one from me or they'll stop paying. I find this very confusing as although I applied for ESA way back in Feb/March as instructed by work as I am off sick long-term, but I was rejected and never paid by them. My sick note for work expires today and I shall ring doctor tomorrow for another one, but there is no way I can get that to ESA by tomorrow, which they've requested.
In addition to this, I have been served notice of dismissal because of ill-health and my employment (of 34 years) will stop on 18 December. I am unfit for the job I loved and knew so well so not really in a position to look for work elsewhere.
I sent ESA a cover letter and a copy of my notice of dismissal letter in the hope that'll help in some way, but I'm not sure how I go from now on medical certificate-wise. I have a form from the docs where I can request a Medical Certificate, but I have no idea what that is about. Or I can request a letter from my GP, but again I'm not sure what that needs to say or what it should put date-wise. I'm off sick from my work forever now. That's it. Job gone.
Any wise words of advice will be massively appreciated xx
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Lulu_Lollipop
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When I first applied for ESA, it was almost by mistake, as my sick pay was reduced I was told to contact the DWP, I didn't have a clue what I was contacting them for, but they read out a list of benefits, do you want to apply for X, yes, no you can't. And so the list went on. Eventually they got to ESA, and they said yes. In the interim of being retired on the grounds of ill health, I had to supply sick notes to the DWP and work. I sent the original to the DWP, and a copy to work.
This game carried on for six months until I finally was formally retired. At this point DWP stated I no longer had to send certificates.
If you are being dismissed on the grounds of ill health, have you got a company pension? If so, regardless of age, you may be able to draw down on your pension on the grounds of ill health. I was a few years off of my full pension contributions, but because of the circumstances of my retirement, I was granted my full pension.
With regards to ESA wanting a certificate now, phone them and explain that you will supply as certificate as soon as is practical. They normally accept, or give an extension as long as you let them know what is going on. Unfortunately it will mean a long wait before you talk to a human. If it is difficult for you, ask someone to phone on your behalf, you will have to confirm that they can talk for you.
Also considered applying for PIP, and don't give up. PIP is a bugger, but you need to dig in.
Thank you. I have just applied for medical retirement pension. If I get turned down for that I will take my pension anyway.
I applied for PIP and was turned down, but asked for a reconsideration. Awaiting their decision.
As far as the certificate goes, do I just tick the box on the doctors form "Medical Certificate"? I have no idea what it'll say on it. My issues are all connected to major brain surgery and then, quite separately, a stroke. I guess any doctor that receives my request form will just look at my notes and put those on...
You should get turned down for your pension, as your employer has stated that you are not able to work, so fingers crossed.
GPs are usually pretty good at certificates.
With the PIP, don't be surprised if the mandatory reconsideration fails, these are done by pen pushers, be prepared to take it to appeal.
Another thing you can apply for is from the council. You can apply for a reduced council tax, or if you live alone a full exemption from council tax. This is under the Housing Act. You ask for a form from the council, this is on the grounds of severe mental impairment, not nice words, but that is the legal definition. The GP then signs the form. It is a yes or no response, in your case it should be yes. The GP cannot charge for completing this. And it should also state from when you were first effected. It is illegal for the council to question you about the application. If you have moved boroughs in the meantime you can claim back to the previous council, so make a copy of the certificate. So you should be refunded from the date of onset.
Ask for a DWP fax/email number and ask your GP to fax/email it directly to them. The DWP are notorious for the short window to submit information and forms, to the point that it feels like they do it on purpose in the hope that a mistake will be made on the application.
We got an update on my condition for PIP last week and the letter was dated for 15th of September giving us one month to reply. It only left us with 3 days to compile reports and fill out the form. My wife (my appointee) phoned and told them she wanted an extension or her next phone call would be to our lawyer (they baulk at the L word). The result was they gave us another two weeks to complete the form.
I posted this link on another thread earlier today, this organisation was set up a few years ago by some doctors and legal professionals and the DWP hate them because the advice they give is clear, concise and very helpful.
You can access some of the info free but they give more access if you pay an annual membership (around £20) which helps them cover their overheads. We've found them our most valuable resource in dealing with all things DWP.
As for your employer, I went through that hell in 1998 which was before the Discrimination Act came law. I suggest you speak to a local law centre and make sure you hold your employers to the letter of the Discrimination Act.
Thank you. The arrival of letters and deadlines are a b*gger, aren't they? Interesting using the word "law" in conversations. My fiancé has told me to do that too. During my divorce my solicitor did feel strongly that I would be granted medical retirement. I wonder if it's worth talking to her again. Costly process though.
The first consultation is usually free and your divorce lawyer may be able to help put you in touch with a Disability Rights lawyer who would operate on a sliding fee scale. Given you about to be "let go" by your employers it might not be that expensive and would make sure your employers are held to account under the Discrimination Act.
Back in 1998 when I lost my job for reasons similar to yours, I worked in Local Government and used my trade union who were worse than useless. I was given one months severance pay minus what they had overpaid me in sick pay (I had been paying that back via payment plan but they just took the balance). It left me with £60 which wasn't much for 8 years service and a young family to keep.
With 20/20 hindsight, I should have used a lawyer.
This is unfair.check your employment rights with the help of citizens advice.
I am late replying to help with E S A I have called them with this issue in the past and have had to quickly visit a DSS office with my forms to get stamped
An update on this ESA situation. I have been told that I am for sure ineligible for ESA. I don't qualify because of the shortfall in NI contributions. I queried it with work and they replied with this:
Hi there,
I looked into the ESA it was applied with a 3rd party and I can confirm this has not affected your NI.
Regarding your NI – we cannot pay more than needs to be paid based on your pay. Based on your thresholds and you have not earn enough to pay NI. Your NI doesn’t need to be payed by anyone if you don’t meet thresholds.
If you are not entitled to Government benefits, unfortunately, there is nothing that we can do on that matter.
Hope this helps,
Hmmm... Also received letter from PIP yet again rejecting my application after the Mandatory Reconsideration.
So come 18 December when my employment of 34 years ceases due to ill-health I will have no income whatsoever. I will appeal the PIP, but I could do with some help with that if anyone has any suggestions.
So sorry to hear this Lulu, my employment ended this July after a long sick leave - it's difficult to handle on lots of counts.
This is an absolute long shot, but could you afford to personally top up your NI with voluntary contributions? It would probably ultimately improve your state pension, but I don't know whether it would also affect / help any entitlement to the ESA benefit.
Financial advisers do work pro bono with some Citizens Advice bureau offices, so they might be able to give you an idea, or come uo with some solutions. Otherwise find out if you are able to top up your NI yourself, and weigh up the pros and cons on cost v benefits.
(I'd also be inclined to go on line and get a state pension forecast - to check what impact it has had on your state pension entitlement too).
I thought only one part of the ESA was income/ NI related - or has the other part been phased out already?
Do hope you can sort something out - hug from me in the meantime
Thanks Jen. I had a call from ESA today, which was a surprise. Sadly, still not going to get any. I discussed the shortfall I paid to them back in February, but the very nice lady said that it'll only help with my pension. She's told me to find my p60 for 2018/2019 and she'll ring me back on Monday. It's apparently down to not enough NI being paid that year. I cannot understand this as after 2 years off after brain surgery, I returned to work in September 2018 and worked until I had the stroke there at the end of August 2019. Is it down to the amount I earned during that bit from September to April...? Hmmm....
Glad you are on top of it Lulu , but sad that you got another 'no' on the benefits.
I wonder if it's because your NI contributions fell into two different tax years? Your 18/19 tax year only would have had contributions for September 2018 through to 5 April 2019, so not a full year. Though on the contribution based ESA, it mentions the last two to three years of NI contributions.
But it does say that NI credits count too though - you may have this already but I've put the link to the NI credits below in case it helps - it looks like sometimes you need to apply for them?
Another update. Phone call from lovely lady about ESA and there's a definite "no" because of the shortfall in NI contributions 2018/2019. My National Insurance record shows that I have made 40 years of NI contributions in full, but... There we go.
Applied online for the PIP tribunal appeal and people that know me in daily life have said they will write letters that I can send as further evidence. I need to know really what the letters should be like as I really do feel bewildered as to how my application complete with details of my daily life have led to rejection.
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