appealing to go to support group

I was a self employed engineer and back in 2008 work dried up so I had to sign on for job seekers. After a short while on Job seekers I started suffering from Chronic pain syndrome which was linked to a hit & run Cycling accident when I was working. As a consequence I was put on contributions based ESA. After 12 months on that, I was informed that I was no longer going to be paid as that payment method ends after 12 months of being on it.

So I was advised that I would have to become part of my wife's claim for ESA which she has recently been changed from work related to support group as she suffers from severe anxiety & depression and has bowel/bladder conditions that together have made her disabled and claiming DLA.

Since 2009 I have been "lost in the system" as such as now I am part of my wife's claim, I don't get assessed as such. however, my chronic pain condition has deteriorated and since 2009 I have had spinal surgery to trim a compressed disc to get feeling back in my feet and have been told that i'll never work again. I attended a pain management coarse in 2012 which was to train me in using 180 pain killers a week affectively. As part of that coarse we get a pain management magazine twice a year. In the magazine they have highlighted a case simlar to mine and have suggested that I ask DWP to assess me and put me in the support group too and that bot me and my wife should be claiming seperately rather than me being part of her claim.

One part of me think's don't rock the boat, but the other half thinks would we be better off?

Having worked for 35 years I hate being a "non countable figure" in the jobless figures, as I think this is what the DWP have classed me as to lower the official jobless figure.

steveinleo59 wrote: I was a self employed engineer and back in 2008 work dried up so I had to sign on for job seekers. After a short while on Job seekers I started suffering from Chronic pain syndrome which was linked to a hit & run Cycling accident when I was working. As a consequence I was put on contributions based ESA. After 12 months on that, I was informed that I was no longer going to be paid as that payment method ends after 12 months of being on it.

So I was advised that I would have to become part of my wife's claim for ESA which she has recently been changed from work related to support group as she suffers from severe anxiety & depression and has bowel/bladder conditions that together have made her disabled and claiming DLA.

Since 2009 I have been "lost in the system" as such as now I am part of my wife's claim, I don't get assessed as such. however, my chronic pain condition has deteriorated and since 2009 I have had spinal surgery to trim a compressed disc to get feeling back in my feet and have been told that i'll never work again. I attended a pain management coarse in 2012 which was to train me in using 180 pain killers a week affectively. As part of that coarse we get a pain management magazine twice a year. In the magazine they have highlighted a case simlar to mine and have suggested that I ask DWP to assess me and put me in the support group too and that bot me and my wife should be claiming seperately rather than me being part of her claim.

One part of me think's don't rock the boat, but the other half thinks would we be better off?

Having worked for 35 years I hate being a "non countable figure" in the jobless figures, as I think this is what the DWP have classed me as to lower the official jobless figure.

Hi s59,

It is possible for a claimant who has had their CB ESA payments stopped due to exhausting their 365 days entitlement to CB ESA, to have their payments of CB ESA reinstated, if due to a deterioration in their condition, they are assessed under the WCA, and placed into The SG.

However, for this to happen, the claimant must have maintained a continuous assessment of Limited Capability for Work (LCW) since the time that the CB ESA payments ceased.

You would also have to consider that if you were successfully placed into The SG at a supersession/review, that any CB ESA payments that you may receive, would be classed as income with respect to your wife's payments if she was in receipt of Income Related (IR) ESA.

This is not a straightforward issue, and you would need to obtain face to face advice.

See : Where to get advice?

Or, try putting Welfare Rights/Advice into Google with your Town/Postcode.

bro58

If i were you i would apply to get on support in my own right, as you have had your condition longer than 3 months and is forecast to last longer than 9 months you should get a 3 year award. however be sure that your doctor is forewarned your applying and will submit strong evidence of your condition or you risk ending up on WRAG which I.D.S is considering ending.

netcoaching wrote: If i were you i would apply to get on support in my own right, as you have had your condition longer than 3 months and is forecast to last longer than 9 months you should get a 3 year award. however be sure that your doctor is forewarned your applying and will submit strong evidence of your condition or you risk ending up on WRAG which I.D.S is considering ending.

Hi nc,

Unfortunately, it is not that straightforward.

Once a claimant has exhausted their entitlement to CB ESA (not in The SG) that is it, they only get it once unless they can gain the necessary NI Contributions from employment.

To have your CB ESA reinstated, after the 365 days due to being placed into The SG because of a deterioration in your condition, the claimant must have maintained a continuous assessment of LCW since the time that their CB ESA ceased.

As it seems that the OP closed their own claim for ESA, they need to gain professional advice.

bro58

Hi s59,

As the title of your topic is "appealing to go to support group"

I should have also mentioned that the maximum permitted time to appeal any decision is up to 13 months after said decision.

This 13 months rule for a late appeal is rigid.

bro58

Hi s59,

As an afterthought, there is nothing to stop you putting in a claim for PIP, which has replaced DLA.

This is non means tested, and is not classed as income with respect to any other Income Related benefits.

PIP Claims Guide. (2nd Link on page)

PIP information, including PIP Self Test

PIP Topic Thread in Spotlight Area

bro58