ESA - Lots of questions from a confused mum

Hi Derek
If I appeal and she is placed in the support group is that the end of filling in questionnaires and attending medicals? As she is in WRAG at the moment does this mean I will have to keep re applying for ESA i.e. filling in questionnaires and attending medicals (yearly?)?

Jannyjam wrote:

Hi Dave
She has aspergers with learning difficulties with low IQ and functions well below her chronological age. I have all reports from her special school and also her SEN. I submitted some of these with the questionnaire and which the medical Dr at ATOS had actually bothered to read. I just get really annoyed that they seem to lump everyone with autism/autism spectrum together not grasping that every single case is like a finger print - unique and completely individual and should be treated as such. I would dearly love to hear experiences and results from anyone else who is on the spectrum and who has appealed.

If her IQ is at or below the level that gets her removed from being counted as an adult in the house for council tax reasons, then you IMO have a case for support.

Hi Jannyjam

If she is placed in the support group she will not have to worry about PWIs, but even people in the support group can be reassessed, usually not as frequently.

There is a risk you have to consider when appealing to get into the support group as it is possible for a claimant to lose the award that they already have. This risk is much higher for borderline cases that only just meet the 15 point threshold. You can find out more about appealing in the ESA appeal guide in the members' area.

Good luck

Derek

Hello Jannyjam

I am not in the same spectrum illness wise mine is much different than your daughters. You may get some answers to your questions from my experience.

After my 1st medical in february 2010 I was placed in the wrag and felt I should have been in the support group so I did appeal as I felt I was not near to borderline and feel no way I can lose the wrag entitlement even if i do not win appela to support group, I am sure the same would be said for your daughter but you have to decide that. My appeal is this friday, fingers crossed....

I did still have to attend the work focused interviews even though it was a major strugggle and twice I was in hospital when supposed to be having them. I eventually attended my first and explained everything to the gent at the JCP and have to say he was a very nie guy and very understanding. From then on I conducted my interviews with him over the telephone as I was not able to attend the job centre.

In december i had my second esa medical and was placed in the support group from 31st december so no longer need to go to these interviews....however my letter says my next review is october 2011 so in 9 months time i am going through it all over again....huh...

I thought the benefit for the support group was an extra £5 per week but was not doing it just for money but for the fact I believed i fall into at least 2 of the descriptors which now the dr agrees with....I now get £25 per week more as if in the support group you also get a disabled premium with esa (ir) so financially it also makes a big difference....I could never have imagined a few years ago how much £25 a week could ever mean to me, now I do.

Jannyjam this is a frustrating system we have, I am stressed beyond belief this week as I have DLA and ESA appeals on friday, I believe i will win both as I fall within the descriptors, but it is a long stressful process but with the help of this site YOU can do it.

Stick to it and help her get into the group she should be in, things will frustrate you and she may have to go to an interview at the job centre but many people find them helpful and do as i did and explain the circumstances and see if an interview is possible by telephone, I found my guy just needed to write something down and go through the motions.

I really hope you find some answers there, maybe some hope and some frustraion but remember that this site has many of the answers and I could not have got to where I am now without help from others here.

Good luck

The information that you might already help that would help in this case is..


sch 1 1992 act regards severe mental impairment for council tax

council tax disregards order under 30A of the 1992 act

this is a form the go fills in so if say there are 2 adults in the house and you care for your daughter then the carer is disregarded for council tax by getting her iq proved as being low she is disregarded and then you can cut your council tax

if you have done the above that should IMO be a big help in trying for suppport the SEN should have her IQ in it if its low then do the tax form and you then have the evidance to help your case and even if its not good enough for ESA it might cut your council tax

hi jannyjam i compleaty agree with you on interviews where their is a learning disability i think that is y my daughter got turned down the atos woman was asking quistions and my daughter realy didnt understand and the atos woman didnt realy lisen to my answers.it is degrading. very stressful for me &. my daughter