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Help for New Style ESA for Disabled Person
- Waxwing
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4 years 2 months ago #256446 by Waxwing
Help for New Style ESA for Disabled Person was created by Waxwing
Hello
I am a member of your website and I have downloaded and read your guides on ESA but I still have a few questions.
I am posting here on behalf of someone who I care for and has a disability. He has got severe osteoporosis of the spine and osteopenia of the hip along with osteoarthritis in both hips and one permanent fracture of the spine. He applied for PIP in August 2019 and he was refused pip after scoring 0 points and he was also refused pip after MR with 0 points and we are now in appeal stage and have been waiting for appeal for the past 9 months. In total the person who I care for has been waiting for 18 months for a PIP decision and we are still waiting for an appeal date to be given. He does have representation from a disability welfare for his PIP appeal. He lives at home with his elderly parents and he does not have a regular income because he is unable to work due to the constant pain and the fact he is unable to sit for short periods of time and he has great problems with walking. He has to rely on his parents helping him out through there pension. He was previously self employed but has not been able to do this employment for the past 2 years but he has been keeping up with his national insurance contributions each year which will help him with his state pension.
The only option he has now it to put a claim in for New Style ESA which he should be entitled to because he has been paying his national insurance contributions each year through his self employed self assessment tax returns. What we are planning to do is to make sure we have all of the information and supporting evidence we require before we start to make a claim for New Style ESA so he does not make the same mistake as he made when he claimed PIP. He also suffers from anxiety and the process he has gone through with PIP and is still going through has put him off claiming New Style ESA even though he is eligible for it and has a Consultants letter explaining his disability. Whilst he has been waiting for PIP he applied for a Blue Badge and he was accepted within 24 hours so he has a blue badge he could use as evidence also.
I would like to know please:-
1.) How does he apply for a Fit Note or Sick Note from his GP? Would it be advisable for him to explain on the telephone his disability and his limitations stopping him from doing daily work and ask the GP to include this on his fit note?
2.) He has a little trouble writing out forms and needs assistance as he has trouble understanding certain things. He can type out and fill forms online fine and I will be giving him assistance so would it be possible for him to download the New Style ESA form by PDF and then he fills that form in with Adobe Acrobat reader then print it off and send off the printed version with all of his supporting evidence or does it have to be an official form that is sent from the DWP like PIP?
3.) If he is able to fill the assessment form out on his computer and print it off then which form does he need to download and where does he download that from please. He will be using your extensive ESA guide to help us fill out the assessment form.
He wants to get everything done and get prepared before he starts to make the claim for New Style ESA.
Thank you for your help and assistance and apologies for the Essay style post.
I am a member of your website and I have downloaded and read your guides on ESA but I still have a few questions.
I am posting here on behalf of someone who I care for and has a disability. He has got severe osteoporosis of the spine and osteopenia of the hip along with osteoarthritis in both hips and one permanent fracture of the spine. He applied for PIP in August 2019 and he was refused pip after scoring 0 points and he was also refused pip after MR with 0 points and we are now in appeal stage and have been waiting for appeal for the past 9 months. In total the person who I care for has been waiting for 18 months for a PIP decision and we are still waiting for an appeal date to be given. He does have representation from a disability welfare for his PIP appeal. He lives at home with his elderly parents and he does not have a regular income because he is unable to work due to the constant pain and the fact he is unable to sit for short periods of time and he has great problems with walking. He has to rely on his parents helping him out through there pension. He was previously self employed but has not been able to do this employment for the past 2 years but he has been keeping up with his national insurance contributions each year which will help him with his state pension.
The only option he has now it to put a claim in for New Style ESA which he should be entitled to because he has been paying his national insurance contributions each year through his self employed self assessment tax returns. What we are planning to do is to make sure we have all of the information and supporting evidence we require before we start to make a claim for New Style ESA so he does not make the same mistake as he made when he claimed PIP. He also suffers from anxiety and the process he has gone through with PIP and is still going through has put him off claiming New Style ESA even though he is eligible for it and has a Consultants letter explaining his disability. Whilst he has been waiting for PIP he applied for a Blue Badge and he was accepted within 24 hours so he has a blue badge he could use as evidence also.
I would like to know please:-
1.) How does he apply for a Fit Note or Sick Note from his GP? Would it be advisable for him to explain on the telephone his disability and his limitations stopping him from doing daily work and ask the GP to include this on his fit note?
2.) He has a little trouble writing out forms and needs assistance as he has trouble understanding certain things. He can type out and fill forms online fine and I will be giving him assistance so would it be possible for him to download the New Style ESA form by PDF and then he fills that form in with Adobe Acrobat reader then print it off and send off the printed version with all of his supporting evidence or does it have to be an official form that is sent from the DWP like PIP?
3.) If he is able to fill the assessment form out on his computer and print it off then which form does he need to download and where does he download that from please. He will be using your extensive ESA guide to help us fill out the assessment form.
He wants to get everything done and get prepared before he starts to make the claim for New Style ESA.
Thank you for your help and assistance and apologies for the Essay style post.
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- LL26
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4 years 2 months ago - 4 years 2 months ago #256465 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Help for New Style ESA for Disabled Person
Hi Waxwing,
Firstly, unfortunately there are considerably long waits before getting an appeal date. The delays you speak of are not unusual. You could liaise with the welfare rights advisor and see if he/she can cotact the tribunal service to ask for an expedited hearing on grounds of hardship. It may work, and sometimes cases get 'lost' in the system, so a reminder is never a bad thing!
Have you considered a claim for Universal Credit (UC)? 'New style ESA' is basically the new name for contribution based ESA - this is a fixed amount. It is likely that the person you care for will qualify if he has consistently been paying his NI contributions - no doubt the welfare benefits advisor can check this.However, UC may provide more money, as it is a means tested benefit. If you have under £16,000 of savings (including bank, shares and other investments) and have little or no income/earnings, then you can claim UC. Basically there is a fixed maximum amount according to circumstances - single/couple/children etc and then various things can be added on depending on individual circumstances. If you are unable to work (and it's the same test for UC and New style ESA) then extra money will be awarded. The test is called the 'work capability test', there is a set of questions about various activitiies, and points are awarded in accordance whether or not the activity can be performed and how. Under UC, the claimant needs to sign a 'commitment' which basically is a contract that he will perform the requirements expected of him according to his individual circumstances. At the very least, he may be expected to maintain and update an online journal to confirm compliance with the commitment requirements. There is no such 'commitment' if purely claiming new style ESA, but depending on he claimant's level of disability payment maybe restricted to one year only.
I think that it would be wise to ask for detailed advice about claiming either UC or New Style ESA. In case you are not aware, a successful claim for UC will automatically give rise to freee prescriptions, eye tests and dentistry etc. (You normally need to just show the award notice as proof.) If solely on new style ESA, without any other income/savings this should also give rise to free prescriptions, but normally the award letter isn't accepted as proof, so you would need to fill out a form The form is HC1
www.nhs.uk/NHSEngland/Healthcosts/Docume...6/HC1-April-2016.pdf
If the person you care for isn't already getting free prescriptions etc you can fill out the form now. You can often claim a refund for anything paid for 3 months, and sometimes more.
Claiming new style ESA involves phoning the UC helpline 0800 328 5644 -and they will go through initial ID verification and send out form NSESAF1 - the form can also be downloaded. There is a step by step guide here:
www.gov.uk/how-to-claim-new-style-esa
Claiming UC is also done online, basically you set up an account, go through the ID questions, with evidence and follow the instructions. If using the computer is difficult you can phone the number above. It is quite a tedious task, and certainly the claimant should be helped, either professionally or by yourself.
I hope this helps.
LL26
Firstly, unfortunately there are considerably long waits before getting an appeal date. The delays you speak of are not unusual. You could liaise with the welfare rights advisor and see if he/she can cotact the tribunal service to ask for an expedited hearing on grounds of hardship. It may work, and sometimes cases get 'lost' in the system, so a reminder is never a bad thing!
Have you considered a claim for Universal Credit (UC)? 'New style ESA' is basically the new name for contribution based ESA - this is a fixed amount. It is likely that the person you care for will qualify if he has consistently been paying his NI contributions - no doubt the welfare benefits advisor can check this.However, UC may provide more money, as it is a means tested benefit. If you have under £16,000 of savings (including bank, shares and other investments) and have little or no income/earnings, then you can claim UC. Basically there is a fixed maximum amount according to circumstances - single/couple/children etc and then various things can be added on depending on individual circumstances. If you are unable to work (and it's the same test for UC and New style ESA) then extra money will be awarded. The test is called the 'work capability test', there is a set of questions about various activitiies, and points are awarded in accordance whether or not the activity can be performed and how. Under UC, the claimant needs to sign a 'commitment' which basically is a contract that he will perform the requirements expected of him according to his individual circumstances. At the very least, he may be expected to maintain and update an online journal to confirm compliance with the commitment requirements. There is no such 'commitment' if purely claiming new style ESA, but depending on he claimant's level of disability payment maybe restricted to one year only.
I think that it would be wise to ask for detailed advice about claiming either UC or New Style ESA. In case you are not aware, a successful claim for UC will automatically give rise to freee prescriptions, eye tests and dentistry etc. (You normally need to just show the award notice as proof.) If solely on new style ESA, without any other income/savings this should also give rise to free prescriptions, but normally the award letter isn't accepted as proof, so you would need to fill out a form The form is HC1
www.nhs.uk/NHSEngland/Healthcosts/Docume...6/HC1-April-2016.pdf
If the person you care for isn't already getting free prescriptions etc you can fill out the form now. You can often claim a refund for anything paid for 3 months, and sometimes more.
Claiming new style ESA involves phoning the UC helpline 0800 328 5644 -and they will go through initial ID verification and send out form NSESAF1 - the form can also be downloaded. There is a step by step guide here:
www.gov.uk/how-to-claim-new-style-esa
Claiming UC is also done online, basically you set up an account, go through the ID questions, with evidence and follow the instructions. If using the computer is difficult you can phone the number above. It is quite a tedious task, and certainly the claimant should be helped, either professionally or by yourself.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 2 months ago by LL26. Reason: bad spelling
The following user(s) said Thank You: Waxwing
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4 years 2 months ago #256548 by Waxwing
Replied by Waxwing on topic Help for New Style ESA for Disabled Person
Thank you for your kind reply and advice it is most appreciated.
With regards to the long wait for a PIP appeal we are aware of the current situation and the impact the Pandemic has had. He was advised when he phoned the tribunal to enquire about his case that he should hear within a few months about when a hearing will be scheduled so it "should" not be to long to wait now. I have advised him if there is no information about the appeal by Middle of March give them another ring to enquire.
Thank you for the information with regards to Universal Credits. I will pass that on to him but at the moment he wants to consentrate on claiming the "New Style ESA" as that is what he was advised to claim.
With regards to "New Style Esa"
1.) When he telephones his GP about a Fit Note/Sick Note for claiming "New Style ESA" for disability reasons would it be advisable for him to explain to the GP his Conditions and how those conditions affect his every day life and his ability to carry out simple tasks and include them on his Sick Note? The reason why I am asking is because at his Surgery when he speaks to a doctor it seems to be a different doctor he speaks too each time he phones so they will not be familiar with his condition or medical problems.
2.) Can you please confirm that he will need to download the ESA50 'Capability for work questionnaire' for "New Style ESA" to fill in and can he do that on a computer and print it off to send off? I have included a link to the page and for the downloadable form. Is this correct for "New Style ESA"? www.gov.uk/government/publications/capab...r-work-questionnaire
Thank you for your advise in advance.
With regards to the long wait for a PIP appeal we are aware of the current situation and the impact the Pandemic has had. He was advised when he phoned the tribunal to enquire about his case that he should hear within a few months about when a hearing will be scheduled so it "should" not be to long to wait now. I have advised him if there is no information about the appeal by Middle of March give them another ring to enquire.
Thank you for the information with regards to Universal Credits. I will pass that on to him but at the moment he wants to consentrate on claiming the "New Style ESA" as that is what he was advised to claim.
With regards to "New Style Esa"
1.) When he telephones his GP about a Fit Note/Sick Note for claiming "New Style ESA" for disability reasons would it be advisable for him to explain to the GP his Conditions and how those conditions affect his every day life and his ability to carry out simple tasks and include them on his Sick Note? The reason why I am asking is because at his Surgery when he speaks to a doctor it seems to be a different doctor he speaks too each time he phones so they will not be familiar with his condition or medical problems.
2.) Can you please confirm that he will need to download the ESA50 'Capability for work questionnaire' for "New Style ESA" to fill in and can he do that on a computer and print it off to send off? I have included a link to the page and for the downloadable form. Is this correct for "New Style ESA"? www.gov.uk/government/publications/capab...r-work-questionnaire
Thank you for your advise in advance.
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- Gary
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4 years 1 month ago #256597 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Help for New Style ESA for Disabled Person
Hi Waxwing
For NS ESA the form you want is called UC50; www.gov.uk/government/publications/uc50-...r-work-questionnaire.
With most GP practices nowadays you do not see the same Doctor, which makes it much harder to get supporting documents and as you rightly point out the doctor you see may not know your case personally and reading notes will not give the full picture. What you may have to do is make an appointment with the doctor who knows you but you may have to wait longer to see this doctor. Getting past the receptionist is usually the hardest part.
Gary
For NS ESA the form you want is called UC50; www.gov.uk/government/publications/uc50-...r-work-questionnaire.
With most GP practices nowadays you do not see the same Doctor, which makes it much harder to get supporting documents and as you rightly point out the doctor you see may not know your case personally and reading notes will not give the full picture. What you may have to do is make an appointment with the doctor who knows you but you may have to wait longer to see this doctor. Getting past the receptionist is usually the hardest part.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 1 month ago #256598 by Waxwing
Replied by Waxwing on topic Help for New Style ESA for Disabled Person
Thank you Gary.
Just to confirm he can download that PDF form and fill it out on a Computer and then print it out and send it off with his supporting medical documentation?
Just to confirm he can download that PDF form and fill it out on a Computer and then print it out and send it off with his supporting medical documentation?
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4 years 1 month ago #256600 by Waxwing
Replied by Waxwing on topic Help for New Style ESA for Disabled Person
Hello Gary.
I have just read the link you posted and it does say it can be filled out on a computer and printed off. I should have read the page link before I posted the reply before. Please accept my apologies.
Thank you LL26 and Gary for your assistance it is most appreciated.
I have just read the link you posted and it does say it can be filled out on a computer and printed off. I should have read the page link before I posted the reply before. Please accept my apologies.
Thank you LL26 and Gary for your assistance it is most appreciated.
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