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9 years 8 months ago #139876 by Julieg12
Replied by Julieg12 on topic Jobseekers/ESA
Hi Gordon, Thank you so much for answering me. My husband is the main claimant, We are now on ESA workforce assessment £104pwk, until they find tribunal papers. Went tribunal 27th April, told tribunal would write to DWP and they would contact us. Did not hear anything, we phoned many times, and were told many different things, but that our ESA was being built? After 6wks we phoned again and was told, if we wanted ESA we had to stop Jobseekers, we did this but then, told ESA would start from end Jobseekers, no..was not. 2wks later phoning each day were told ESA would start, and put payment in bank. Then received letter saying they would give us ESA assessment until received notice from Tribunal. We sent copies we had, through jobcentre, fax to Wembley, and posted copies to local office. Now told we will get assessment, and can appeal this decision by mandatory what ever again, basically doing the same as before, and go to tribunal about this decision.
Yes, husband gets ESA but I do not think income related as he has not worked for 20yrs/more since contracting Hep C, as it along with other conditions, arthritis in spine,(which has really made him unable to walk properly, needs stick, and movement. He is a big man, even bigger now as can not get around so well.
I do not get carer's allowance, as he only gets lowest DLA, for washing, cooking, can not climb stairs, sleeps on sofa (what is left of it).
Live in Newham where no CAB, went to Community links, where they helped as much could.
Whilst looking through paperwork what we have, they noticed that I had no NI contributions
We thought they covered both of us, but now I find out it does not.
ESA said I have to make claim in own right, but when phone they say no, can either have payment with husband, or NI contribution. They know we are a couple how come no-one until now has informed us that no, I have to make claim in own right.
So confussed..do not understand.
ESA said unless I have a claim in my own name, no NI
If my husband dies before me, I will have no pension.
When making Income support claim, we asked about this and was informed that although both my husband and myself were ill, only one of us should make the claim, as we would not get anymore. ESA have told me so many different things I do not know what is right, they said I had to make claim in own right, to get sick notes.
Sorry if this is mixed up but so much is happening and I am trying to cope, get the help I need for myself, and husband.
They also said that the ESA for the stamp, will be means tested with any money's coming into the house. Our son had to come home last year, as my husbands back/spine like ceased up and he could not move, so was in hospital, then on his back for 17wks at home. I could not cope of lift him, help to wc etc, so he came home. He earns more than £450 wk, so pays 98% our rent, and 100% council tax. This is his home now, I can not expect him to pay more, so I am worried about that. We lost our house in the 1990, and still paying the mortgage.

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9 years 8 months ago #139879 by Gordon
Replied by Gordon on topic Jobseekers/ESA
Julie

If the Tribunal placed your husband in the WRAG and the DWP have not challenged this Decision, they are now past the time available to do this, then they must action the Decision, place your husband in the group and pay the appropriate rate.

They cannot leave him on the assessment rate and tell you to appeal this. If this is what they are saying then you need to escalate the issue to a manager. Phone the DWP again and ask for a call back, they need to explain why they are not prepared to implement the Tribunal Decision.

If you have not worked recently and do not receive Carers Allowance then you can only make a claim for Income Related ESA, however, claims for ESA(IR) can only be made as a couple, so if your husband already has a claim open then you can only make one by closing his first.

You need to think about this carefully, although he is having problems with his WRAG award, he does have an award, you could make a claim and receive nothing leaving neither of you with any money. If you think that your case is stronger then this may be a risk worth taking, but ESA is not an easy benefit to get.

I am afraid there is no other way for you to receive NI Credits, also, if you switch claimants then your husbands NI Credits will cease.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Julieg12

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9 years 8 months ago - 9 years 8 months ago #139943 by Julieg12
Replied by Julieg12 on topic Job seekers/ESA
Thank you so much for your time, and information. It is so stressful not knowing what to do? Or how to do it. Usually as soon as I state that I have an addiction problem, I am stereo typed. Since contracting Hep C, for over 12 years, I have promoted harm reduction with sever addicts, produced articles, self help, and promoted wellbeing, mentoring, support for others. I know main addicts, who work full time, and those less fortunate (meaning their is no continuous support for them. But this is across the board, mental health/addiction is now being farmed out to private sector, so many fall through cracks. I have used for 40 years, but with a maintenance prescription, registered with home office.
Yes, I have a drink at Xmas , New yr, and a puff at weekends now and then. But not in a long time, as we are trying to keep the hounds at bay. We lost out house in the 1990's but still paying the defer cite.
Now I understand that hopefully once ESA resumes, this will be the end of this horrendous time.

Whilst trying to understand what was required of us, along with joining this amazing site, and the obstacles that we came across, the Housing Officer refereed me to there welfare dept,
She advised me to make a DLA claim in my own right, is this possible?
I have been labeled many times over the years, but the resent diagnosis, is that I am Clinically
depressed, suffer from sever circulation problems, vascular eczema ,obviously addiction problems,, memory problems (cognitive) plus now(which my doctor says is not possible, although he has taken photos, documented it, ingrowing thumb nails, along with glove and stocking anesthesia? This makes it extremely hard to govern usually everyday things.
Wake in morning to no feeling in(minimal) in fingers/hand, do not know(until feelings resumes) what hot/cold, how to hold cup/handle.
But, left to our own devises I wash/shower my husband/hair/dress/etc. It may take longer than most people, but do what I can. Then go next door to neighbours(10/15yrs) many problems
with husband 82, COP, colostomy bag bed ridden, catheter, diabetic, hemophilia.,dementure,
wife put back out changing him, only got help for washing. Sent an enabler when wife in bed with shingles, to show how to cook meal, they needed meal cooked for them, would not give medicine, only turned up once. So neighbours like family, so I cook, and do for them as well.
But at own pace. This world is now madness.
Last edit: 9 years 8 months ago by bro58.

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9 years 8 months ago #139944 by Julieg12
Replied by Julieg12 on topic Jobseekers/ESA
Gordon, Thank you so much for your help. Obviously still a bit confused, as so much information to take in and understand. Plus, unfortunately my mind is not as astute as it use to be. Also most days now I would like to be an Ostrich, and hide my head, as it is all too much.

I now know, I have no pension, maybe a couple of years, then nothing. It is not as though I have not worked, because I worked several years as the supervised plumber at the Royal Marsden
Hosp, (yes being prescribed Morphine but it has stabilized me for over 30 years. Registered with Home Office, now Methadone. Went to college, then after gaining exams, continued to HNC,HND, CIOB professionals.(Building Services, Building Studies, C.I.O.B and Institute for Plumbers.
Once my hands, and mind, did not respond how I wished, I went into Voluntary work for over 15 years. But my mental health has really deteriorated. Which is so annoying.

Once again, thank you for all your help. Just because I am an addict, does not mean, I have nothing to give to society.

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  • bro58
9 years 8 months ago - 9 years 8 months ago #139974 by bro58
Replied by bro58 on topic Job seekers/ESA

Julieg12 wrote: Thank you so much for your time, and information. It is so stressful not knowing what to do? Or how to do it. Usually as soon as I state that I have an addiction problem, I am stereo typed. Since contracting Hep C, for over 12 years, I have promoted harm reduction with sever addicts, produced articles, self help, and promoted wellbeing, mentoring, support for others. I know main addicts, who work full time, and those less fortunate (meaning their is no continuous support for them. But this is across the board, mental health/addiction is now being farmed out to private sector, so many fall through cracks. I have used for 40 years, but with a maintenance prescription, registered with home office.
Yes, I have a drink at Xmas , New yr, and a puff at weekends now and then. But not in a long time, as we are trying to keep the hounds at bay. We lost out house in the 1990's but still paying the defer cite.
Now I understand that hopefully once ESA resumes, this will be the end of this horrendous time.

Whilst trying to understand what was required of us, along with joining this amazing site, and the obstacles that we came across, the Housing Officer refereed me to there welfare dept,
She advised me to make a DLA claim in my own right, is this possible?
I have been labeled many times over the years, but the resent diagnosis, is that I am Clinically
depressed, suffer from sever circulation problems, vascular eczema ,obviously addiction problems,, memory problems (cognitive) plus now(which my doctor says is not possible, although he has taken photos, documented it, ingrowing thumb nails, along with glove and stocking anesthesia? This makes it extremely hard to govern usually everyday things.
Wake in morning to no feeling in(minimal) in fingers/hand, do not know(until feelings resumes) what hot/cold, how to hold cup/handle.
But, left to our own devises I wash/shower my husband/hair/dress/etc. It may take longer than most people, but do what I can. Then go next door to neighbours(10/15yrs) many problems
with husband 82, COP, colostomy bag bed ridden, catheter, diabetic, hemophilia.,dementure,
wife put back out changing him, only got help for washing. Sent an enabler when wife in bed with shingles, to show how to cook meal, they needed meal cooked for them, would not give medicine, only turned up once. So neighbours like family, so I cook, and do for them as well.
But at own pace. This world is now madness.


Hi Jg12,

"She advised me to make a DLA claim in my own right, is this possible?"



Not quite correct, you can no longer make fresh claims for DLA on mainland UK, (You still can in NI) but you can make a claim for PIP as long as you are not 65 years of age or older.

See our : PIP Self Test and our : PIP Claims Guide. (2nd Link on page) which guides you through the PIP Claims process.

bro58
Last edit: 9 years 8 months ago by bro58.

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