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Help with claiming ESA.unsuccessful since 2011

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8 years 1 month ago #154969 by Cerberus
Hi, I'm looking for some help with claiming ESA. So far I've had been to two different tribunals and have a constant battle with DWP who are very uncaring. I had an accident 9 years ago that left me unable to walk for 3 years, and now I can only walk with the aid of a knee brace that locks my leg in a straight position and a pair of crutches. Using the crutches and walking with a limp have now knackered my back and I suffer from severe back pain in my lower back and often have herniated discs from something as simple as sneezing. On top of this I've been diagnosed with severe anxiety and severe depression. From 2008 until February 2011 I was able to claim incapacity benefit and since then I've only been able to claim £21 a week for the lower rate of DLA for care. The DWP seem to think that I can repeatedly walk 200 meters, in truth I experience severe pain and discomfort after 20 to 25 feet and have to stop and lean against a wall or lamp post for a minute or two. I'm at my wits end now and really don’t know what to do. Out of desperation I even wrote to my MP and he was no help at all as all and just told me that the tories have helped get disabled people back into work, to which I replied did he not know the difference between helping and forcing?

I have applied for ESA several times. I was forced by DWP to apply for JSA in January last year after an unsuccessful and farcical tribunal in which I was simply asked if i could use a wheelchair. to which I answered I don't have a wheelchair and I've never used one so I cannot answer. when I visited the local Job Centre to sign on the staff there told me that it was as clear as day that I should be in a “support group for ESA”, I took that as meaning I shouldn't be there claiming JSA. DWP then gave me the run around asking for info, and then when I gave them the info they asked for they asked for something else, this went on for several months and in the end I gave up and applied for ESA, that was March 2015, I'm still waiting on DWP to let me know what is going on. They have told me that I have missed a few work assessments but I have never received notice of the appointments. I have asked them for proof of posting, but as yet I’ve not heard anything from them.

Any help or advice will be gratefully received as I don’t know what else to do. I had gone to see CAB with a MIND advisor, and CAB told me that as I’d not heard back from DWP about my ESA claim that I should maybe apply for ESA again. The only thing with that is that my current claim went in 13 months ago, prior to that I waited from August 2013 to Oct 2014 for a WCA, while not receiving any benefits payments except for the £21 per week DLA. As such I have no faith in DWP to not give me the run around again for another 12 to 13 months as I don’t think I can take that..

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8 years 1 month ago #154990 by Gordon
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Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?



One thing that stands out is an apparent misunderstanding of the ESA Assessment criteria.

The ESA test is for Mobility, in addition to you ability to walk, you will also be tested on whether you can self-propel a manual wheelchair over an equivalent distance. You do not need to use a wheelchair or to even own one for the DWP to assess your ability to use one.

This is why you are asked about this at your Tribunal.

It may sound unreasonable for a wheelchair to be included when you are not a wheelchair user, but the law allows for this to be included and if you have not shown that you cannot self-propel, then you will not score points for this activity.

I would have a look at our ESA Claim guides for more information on the ESA criteria. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

You need to speak to the DWP to find out the status of the claim that you mentioned, especially if they believe that you missed one or more assessments. It is normal for a claim to be closed where this has happened. You cannot make a new claim if you have one already open and if one is then you should be chasing them for an assessment to be carried out.

If you have more questions then please reply to this post and we will do our best to help.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Cerberus

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8 years 1 month ago #155016 by Cerberus
Replied by Cerberus on topic Help with claiming ESA.unsuccessful since 2011
Thanks Gordon.

I've changed my name, and I'll go have a look at the guides.
I doubt if I could use a self propelled wheelchair Gordon, due to being immobile for 3 years and then not being able to walk much I'm currently around 27st, I also doubt my back would allow me use of a wheelchair, but thanks for the info, it's something I can ask my gp about to see if they can help.
DWP say that I've missed a few work assessments, but to date I've not received any notification of an assessment date. I did appeal but the DM said that my reasons for not attending were not acceptable. One of the work assessments I only found out about via a reply from my MP who said that he noted from a reply he had received from the DWP that I had an assessment date, that date was 2 days before I received his letter.

I also had to apply for non contribution based ESA because the DWP said that their computer had picked the tax years April 2013 to April 2014 to assess my claim and as I've been unable to work since 2007 I hadn't paid enough NIC during that period. It's taken so long and I've gotten nowhere. I hope your guides can help me..

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8 years 1 month ago #155031 by Gordon
Cerberus

If the DWP have said that your reasons for failing to attend were not accepted and you have not taken the matter any further then I would not expect you to have an active claim for ESA.

You can make a new claim, but if it is less than six months since your last claim was refused then you will not receive the ESA Assessment rate until the six months have elapsed or you have attended an assessment, whichever is earlier.

The eligibility criteria for ESA(CB) require you to have NI Contributions in the two full Tax Years preceding the year that the claim is made, for 2016 these will be 2013-14 and 2014-15, if you have not worked since 2007 then you will only be eligible to claim Income Related ESA.

Gordon

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

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