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- Cher
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9 years 10 months ago #136420 by Cher
placed in support after success at tribunal was created by Cher
Hi never done anything like this before so I hope you will bear with me. After successful tribunal hearing in July 2013 was placed in support group on esa (IR) after looking a lot through this site can't find anything as to when I am likely to be reassessed frightened to call DWP as I don't what to flag my name up. I scored Nil in ftf, tribunal gave me 15. it says I should not be reassessed within 24 months. So I am going out of my mind with worry. I had a law centre help me by writing and getting info from my GP and NHS counsellor at the time I was lucky enough to get Legal Aid. Without that help I am not sure I would have got the decision. When I sat down in front of the judge and Doctor along with 2 friends they didn't ask me anything just said my appeal was allowed, I left the room and broke down in tears of relief.
My illness is depression, anxiety and stress and it varies on a day to day basis when a nurse says in the ftf medical paperwork that I could make a cup of tea and a sandwich and cook something for tea for my 2 children tea that I was fit for work. When you have a physical illness people can see that but can't always see mental health issues. When the time comes to be assessed again what info should I get. I recently came across some paperwork I got from my GP practice years ago from a psychiatrist and psychotherapist I was seeing around 7 to 8 years ago had forgotten about it and did not use it. Could I use it at reassessment?
One other question I was also dealing with an accormonist divorce, my part of the settlement was on the sale of the property sometime in the future maybe maybe not after the mortgage and other financial business I keep the equity, their are still some legal arguments still going on, does this class as an asset and should the DWP be aware?
Thank you
My illness is depression, anxiety and stress and it varies on a day to day basis when a nurse says in the ftf medical paperwork that I could make a cup of tea and a sandwich and cook something for tea for my 2 children tea that I was fit for work. When you have a physical illness people can see that but can't always see mental health issues. When the time comes to be assessed again what info should I get. I recently came across some paperwork I got from my GP practice years ago from a psychiatrist and psychotherapist I was seeing around 7 to 8 years ago had forgotten about it and did not use it. Could I use it at reassessment?
One other question I was also dealing with an accormonist divorce, my part of the settlement was on the sale of the property sometime in the future maybe maybe not after the mortgage and other financial business I keep the equity, their are still some legal arguments still going on, does this class as an asset and should the DWP be aware?
Thank you
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- Gordon
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9 years 10 months ago #136427 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic placed in support after success at tribunal
Cherry
Welcome to the forum.
I'm afraid that the only way that you will know when you will be re-assessed is to ask the DWP, if you phone the number listed on any letters you have had from the DWP you will be talking to a call centre, they can tell you your re-assessment date by accessing your computer record, they have no authority to initiate a re-assessment.
It will help if you get more up to date evidence, but I understand that this may be difficult if you have been "parked" by the NHS because they cannot offer you any more treatment than you are already receiving. I would start by speaking to your GP about the situation, they may be willing to provide support themselves or if you have not been medically re-assessed for some time, they may be willing to refer you to a specialist to make sure that you are receiving the most current treatment available, you can then use information from this to support any ESA re-assessment.
As you appear to be receiving Income Related ESA, you really need to inform the DWP about this house and the situation surrounding it, if it cannot currently be liquidated it should have no affect on your current award, but once it is it will be treated as an asset unless you become the owner and live in the property.
I would strongly recommend that you get face to face advice about this situation as we cannot offer detailed financial advice on the forum, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Welcome to the forum.
I'm afraid that the only way that you will know when you will be re-assessed is to ask the DWP, if you phone the number listed on any letters you have had from the DWP you will be talking to a call centre, they can tell you your re-assessment date by accessing your computer record, they have no authority to initiate a re-assessment.
It will help if you get more up to date evidence, but I understand that this may be difficult if you have been "parked" by the NHS because they cannot offer you any more treatment than you are already receiving. I would start by speaking to your GP about the situation, they may be willing to provide support themselves or if you have not been medically re-assessed for some time, they may be willing to refer you to a specialist to make sure that you are receiving the most current treatment available, you can then use information from this to support any ESA re-assessment.
As you appear to be receiving Income Related ESA, you really need to inform the DWP about this house and the situation surrounding it, if it cannot currently be liquidated it should have no affect on your current award, but once it is it will be treated as an asset unless you become the owner and live in the property.
I would strongly recommend that you get face to face advice about this situation as we cannot offer detailed financial advice on the forum, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
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- Cher
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9 years 10 months ago #136432 by Cher
Replied by Cher on topic placed in support after success at tribunal
Thank you Gordon. I have had a lot of counselling over the last 20 years. My GP is very supportive I see the fairly regularly, my last round of counselling was for a year was referred by NHS but was sort of a private counselling service and finished in April this year. I then had a ftf appt with an NHS mental health worker and it was mutually agreed to not have any more counselling at this time and take a break as previous CBT had not been helpful. I can though at any time get back in touch with NHS Service at any time.
Regarding the house I still have a solicitor thankfully(using approved legal aid) representing me so I will talk to them however I still hope to if I can live in the property with my 2 children. I don't get any child support from him. The mortgage company will not release my ex from the mortgage but it will be legally in my sole name. The mortgage company are not sorting this out despite my solicitors consent contact with them.
Thank you
Regarding the house I still have a solicitor thankfully(using approved legal aid) representing me so I will talk to them however I still hope to if I can live in the property with my 2 children. I don't get any child support from him. The mortgage company will not release my ex from the mortgage but it will be legally in my sole name. The mortgage company are not sorting this out despite my solicitors consent contact with them.
Thank you
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- Gordon
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9 years 10 months ago #136445 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic placed in support after success at tribunal
Cherry
I would talk to your solicitor sooner rather than later as your are leaving yourself exposed to action if you have not already disclosed this property to the DWP.
Gordon
I would talk to your solicitor sooner rather than later as your are leaving yourself exposed to action if you have not already disclosed this property to the DWP.
Gordon
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- Cher
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9 years 10 months ago #136447 by Cher
Replied by Cher on topic placed in support after success at tribunal
Thank you again Gordon.
I have been in contact with my solicitor since your 1st answer. He says, " he is not an expert on benefits he says all that has changed is that that I am entitled to all the equity rather than 50% as this is where I and my 2 children are living its value is disregarded for ESA. He says that pursuant to my divorce proceedings the house is to be transferred into my sole name subject to mortgage. The property still hasn't been transferred due to various reasons".
Any more advice with this extra info.
Thank you very much.
I have been in contact with my solicitor since your 1st answer. He says, " he is not an expert on benefits he says all that has changed is that that I am entitled to all the equity rather than 50% as this is where I and my 2 children are living its value is disregarded for ESA. He says that pursuant to my divorce proceedings the house is to be transferred into my sole name subject to mortgage. The property still hasn't been transferred due to various reasons".
Any more advice with this extra info.
Thank you very much.
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- Gordon
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9 years 10 months ago #136449 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic placed in support after success at tribunal
Cherry
The issue that the DWP will be interested in is whether you have the power to dispose of this asset on your own or not, if another individual authority is required then you do not have that power.
If you have not informed the DWP is that they may well suspend your current payments until information about the situation is made available to them.
Your exposure is that there is a section of the ESA1 that ask about any assets that you own or a have a share in, if you did not complete this and it is deemed that you have control of the asset then there may be a question of over payment.
Again, I would recommend that you get advice on the matter by doing a search for "welfare advice" with your postcode, town or county.
Gordon
The issue that the DWP will be interested in is whether you have the power to dispose of this asset on your own or not, if another individual authority is required then you do not have that power.
If you have not informed the DWP is that they may well suspend your current payments until information about the situation is made available to them.
Your exposure is that there is a section of the ESA1 that ask about any assets that you own or a have a share in, if you did not complete this and it is deemed that you have control of the asset then there may be a question of over payment.
Again, I would recommend that you get advice on the matter by doing a search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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