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ESA-WAS SUPPORT GROUP NOW EXPECTED TO WORK WITH MS

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7 years 1 month ago #185398 by Gordon

Diane wrote: Sorry I,ve just picked up this message(better late than never)- I'm not sure we have notified them or been advised to. It was an extremely stressfull time as being medically retired at 45 with MS. Should we contact them to check, is there a reason they need to know?
I feel that there may be other things we didn't do that we should of.


Pension income can affect both Income Related and Contribution Based ESA, you should have notified the DWP when payments of the pension started.

For ESA(IR) the pension is deducted £ for £, for ESA(CB) there is an £85 disregard followed by £1 per week deduction for every £2 of pension in excess.

Even if the pension is under the £85/week is does not remove the requirement to have notified the DWP.

Gordon

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7 years 1 month ago #185401 by Gordon

Diane wrote: Today the brown envelope has come and they are unable to revise the decision. One of the resons I find annoying is 'the descriptor chosen is one that reflects your ability for the majority of the time' so basically the other times when he isn't able do not count!!!
Also it states that the limited capability test is a test of everyday activities and functions and the persons ability to do them and not whether a person can perform their own normal work!!!Why do they call it Work Capability Assesment. Also they stated ' A finding that a person does not have a limited capability for work does not, I submit imply an expectation that he might be expected to return to any sort of employment. I read that as meaning ...he can't work(meaning my hubby) but we aren't willing to pay out.
Anyway after digesting this letter and spending the afternoon reading the guide to appealing and other peoples experiences I need to make a decision whether to appeal. On one hand I have nothing to loose but I don't know if my hubby is up to it as he would be the one they question.
My one question is how do we go about finding someone to represent us?


Your post suggests some problems with what you have included in the ESA50.

For a limitation to be accepted, I'm afraid that it has to affect the claimant for majority of the time.

To be awarded ESA the claimant needs to meet specific criteria, unfortunately few of these relate to a real world work environment and any issues that you might have with working will not be considered unless they relate directly to the ESA Descriptors.

It is unfortunately possible to be too ill to work, but still not meet the criteria for ESA.

It's not necessary to have a Representative for an appeal but if you want to try and find one then do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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