esa scored no points???
Posted , 9 users are following.
My partner had a heartattack then 6 weeks later a stroke which damaged his short term memory part of the brain and the balance part of the brain which will never get better he struggles to take in new information and forgets a lot of thingsso I'm his memory, he's not allowed to use the cooker as he has forgot things and burnt pans and also set the grill on fire, he loses his balance here and there, his right side droops and walking a short distance he gets tired and he starts to walk to the right and his right foot starts to drag, he's also got spinal spondylitis and a prolapse of the disk which is trapping a sciatic nerve, after waiting 9months for a esa medical he has now scored 0 points, I just don't under stand how he is ment to work in this state, also he is still employed as a ground worker who he had been with for 10yrs up until he had his heartattack if he was able to work he would of gone back
0 likes, 55 replies
susan556 rachel56776
Posted
Rachel this is simply outrageous and totaly unaceptable, my heart goes out to you, ill never understand how they can assess people like your partner and come up with no points.Just how bad do have we to be i ask you.! As said they hope your one of those who will simply give up, but no way should you, Fight them to to end and im sure you will win, shouldn't have to fight at all with this one, im going before i swear! PIP = permantley impossible payment, for most anyway.
rachel56776 susan556
Posted
Thank you Susan we intend to fight all the way, the thing I dnt understand is he gets highest rate pip on both parts, I just don't get how two Medicals can come up with totally different results!!
rose45257 rachel56776
Posted
Hi Rachel
I am so astounded by this and as Susan said how they can assess and award zero points when quite clearly these health issues are affecting all aspects of daily living, I will never understand it.
I was told by many people when I applied for dla a few years ago not to be surprised if I didn't get it especially the first time..it seems they do refuse initially in the hope people wont fight for it. I think this is a terrible way to treat people there is surely a way of ensuring that assessments are conducted accurately honestly and fairly to give people who have had their lives turned upside down by illhealth or injury the benefits they require..we shouldn't have to fight to be believed.
I really feel for you but keep going definitely start an appeal asap and let us know how your both doing.
Take care
R
susan556 rose45257
Posted
anthony97723 susan556
Posted
Yes your application for PIP would be difficult but not impossible. In the same way that PIP is not awarded for just having a medical condition, it is also true that just having M.E. rules you out from receiving it.
What is important is how the M.E. affects you. From what I know there is no medication for M.E. apart from pain killers so just explain that.
What is important is your receipt of personal care. If you receive personal care because of the M.E. then you are entitled to PIP to help with the extra cost of disability.
Being under a consultant would obviously help your claim but strictly by the rules all you need is recent confirmation of diagnosis. You could get this with a supporting letter from your G.P.
Provide a care diary and signed witnessed statements from anyone who provides the care and you are certainly back in the game.
les59996 susan556
Posted
When my DLA was closed down in the move to PIP (I was 65 in 2013), not only did we lose that money (HRM & MRC) but the Guaranteed Pension Credit disappeared as did the help towards the mortgage interest and the Carers Premium. We also lost the 100% Council Tax Support.
All in all with losing DLA we are down about £300 a week in income.
susan556 les59996
Posted
Les just who is entitled to guaranteed pension credit, is it to do with age, savings or what? When i reached retirement age they took it all from hubbys pension credit to give to me. My mum said when she got her state pension they never toook it form my dad to give to her, has it got something to do with how many years one worked and paid in stamps for? We have never understood this one. Also now have to pay for dental since they changed the rules one has to be recieving guaranteed pension credot to get this, we used to qualify on just getting pension credit.We was told on the phone that we will get less and less penaion credit till theres none left then becuase we lose this we will have to pay for other things. I dont get it, how can you be entitled to less help because your recieving less money. £300 per week is a great loss, we are dreading it, What great spark came up with these figures!
les59996 susan556
Posted
Guaranteed Pension Credit (means tested) is for those who used to be 60 or over. Now it's 63 I think.
GPC is affected by other money coming in and capital above £10,000.
It's also affected by 'premiums' - extras such as for carers or disabled etc.
Losing DLA - especially MRC, means no one can claim to be your carer so you lose that premium. Losing DLA - MRC meant that as we (wife and myself - she gets Attendance Allowance) the couple disability premium is lost. Losing these premiums means that you don't need as much money to live on. Hence GPC is stopped. This then stops the mortgage help as well as the 100% CT help.
All of these being stopped were a knock on effect of the DWP closing my DLA award. DLA + GPC + CT + Mortgage help = £300 a week less money.
The government see it that I am now not disabled and consequently have no extra needs, so we need less money to live.
susan556 les59996
Posted
Les so the government take away our DLA and then decide we are no longer disabled because of their actions!
I just see this in my research
Half a million disabled people would lose out on benefits through the government’s reform to disability living allowance, it revealed today.
Proposals to replace DLA for people of working-age with a new personal independence payment (PIP) would result in 500,000 fewer people receiving the benefit by 2015-16. apparently the dead line is now 2018.
if proposals are to replace DLA with PIP of working age then where does it leave us who are now on state pension and passed working age?
les59996 susan556
Posted
If you were in receipt of DLA on the 8th April 2013 and under 65, you will have to move over to PIP.
Like with DLA, you can get PIP after you turn 65 provided that you were receiving it before you turned 65.
The only exempt classes where they keep their DLA is (1) being under 16 & (2) being over 65 on the 8th April 2013.
The rest have to transfer to PIP.
I was coming up to my 68th birthday (June 2016) when they 'offered' me PIP.
Because of the inefficiencies within the DWP set up, they closed down my DLA award and cancelled my right to move to PIP when they 'lost' two letters that I had sent them.
Of course PIP is more about saving money than anything else. The government were quite open when they said that they wanted to reduce what was being paid out under DLA by 20% Of course this means that there will be losers overall - that was the intention.
Finally for those that can't get PIP and are over 65 they can make a claim for Attendance Alowance. There is no mobility element so no Motability car.
Supposedly it is a lot easier to get AA - the government quote that the pass rate for first time applicants is just over 80% of all claims made.
Then both my wife and myself are in the unfortunate other odd 20%. bracket.
It took my wife three attempts to get AA - she was 71 when it was awarded. And I made a claim a few months ago (as a new claimant) and received a definite NO - with an explanation that the reason was because I have no needs beyond what the ordinary person has at my age - 68!!! I wish.
anthony97723 rachel56776
Posted
Hi Rachel
The evidence you have submitted should be enough (although you can get more I will address this at the end).
A Mandatory Reconsideration is a chance for you to challenge the opinion of the assessor. Firstly TODAY pick the phone up and ask for a copy of the report.
That will take a few days to arrive but from what you have posted there is scope to ready yourself to challenge the decision.
Everything is based on the balance of probabilities. By that I mean for the assessor to come to his decision the probabilities have to be tipping in their direction. If you can challenge the decision enough to tip the scales back into your partner’s direction then you will succeed.
From what you have said it is extremely unlikely your partner could
“Mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion” Which is the first descriptor on the work capability assessment.
Simply challenge this by stating a person who has suffered both a heart attack and stroke within a short period of time is unlikely to be able to walk more than 50m without significant discomfort or exhaustion. I further refer the decision maker to the medical records which show that your partner also suffers with spinal spondylitis and prolapsed disks.
With such overwhelming evidence the balance of probabilities would give your partner 15 points on that descriptor alone.
Further points should have been available for learning tasks, Awareness of everyday hazards (such as boiling water or sharp objects), Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks), & Getting about due to impaired mental function from your partners stroke.
Give examples why these descriptors apply to your partner (if you can Google the descriptors it will give you a better idea) and refer them again to the medical evidence and categorically state that on the ‘balance of probabilities’ your partner should never have received an award of ZERO points.
You could get further evidence from your GP by asking them to write a supporting letter which HAS to be taken into consideration. Write a statement (date and sign it) yourself telling the Decision Maker what you do for your partner and how you need to directly intervene to help them.
Even if you are unsuccessful at the MR you would have laid the ground for a Tribunal who generally take a more sympathetic view.
rachel56776 anthony97723
Posted
Rmanuni rachel56776
Posted
On fb contact 'fightback' they will advise and if you go to tribunal they will probably represent him.
rachel56776 Rmanuni
Posted
susan556 rachel56776
Posted
rachel56776 susan556
Posted
Hi Susan wev bn to the job centre today as was advised for him to sign on jobseekers as I explained everything and how my partner is the bloke can't understand how we have ended up applying for jobseekers I explaind that by going on jobseekers my partner contradicting himself by telling ESA he is not fit for work but then signing on saying he is fit for work so the adviser advised me to try for income support as I'm my partners carer just while we get the mandatory reconsideration sorted out, I also said who would employ my partner with the medical problems he's got and he agreed!!
les59996 susan556
Posted
As an example: say someone is seriously ill and disabled they would be found fit for work if there is no evidence to prove that they fit enough descriptors. On the other hand someone who for whatever reason cannot get something out of the top pocket of a jacket then they will qualify AND be put in the Support Group.
So you see illness or disability has no real bearing on being accepted as unfit for work.