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Thread: Absolute confusion, ESA stopped, on JSA but still get PIP. Pls help?

  1. #1
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    Absolute confusion, ESA stopped, on JSA but still get PIP. Pls help?

    Hi all I'm in some desperate need of help. I had an accident where i fell off a roof in September 2012 and broke nearly every bone in my body and nearly died. As a result I've ended up with PTSD (flashbacks, nightmares, severe anxiety and panic attacks). This has lead to alcohol abuse and I am dependant on multiple medications including diazepam and zopiclone to help me stay stable and be able to sleep. Howver, these medications cause drowsiness and forgetfulness.

    I have been on the support group of ESA since 2012 and recieved enhanced PIP as of December 2015. I did my PIP assessment in Jan this year and it was reduced to standard rate and went for ESA assessment earlier this month and on the 19th I recieved a call from DWP telling me I'd been awarded ZERO points and i'm now fit for work and I now need to be on Jobseekers.

    In december 2015 I met my partner and have subsequently moved in with her in a different area. She is working 24 hours a week at the moment but we are expecting our first child in August, meaning if she can stick it out till then, her date to get statutory maternity pay starts in July. This has turned my world upside down and I disagree with the decision makers report so I have requested the HCP report also so I can get more medical evidence and do the mandatory reconsideration. Failing that working in my favour I'm going to have to appeal as I am not ready to go back to work at all.

    I feel like the system has failed me, and this is causing me more and more stress and axiety and i'm having thoughts of self harm and even fleeting thoughts of suicide because of the pressure I'm under. Am i still entitled to PIP while i'm on JSA, and if so? why? It's a disabilty payment but they expect me to actively seek work, so it condradicts each other?!

    What are the success rates on mandatory reconsideration notices and appeals?

    Also when i got the call to notify me of my ESA being stopped I broke down and said how do you expect me to do anything with the conditions I have got? The DWP guy said to me "a condition could be a headache".

    Will signing on JSA affect my MRN or ESA appeal as if they're trying to catch me out by turning up to sign on etc?

    my payments have gone from £380 every 2 weeks to 140 every 2 weeks now and i'm left in a load of debt with energy bills etc and don't qualify for housing benefit because my partner technically owns a house that she's estranged from. (any advice on what to do about this would help also).

    Got citizens advice appointment on the 5th of May to go through most of this but in the meantime Any advice would be hugely appriciated.

    Many thanks

  2. #2
    Senior Member
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    You are entitled to PIP while you meet the criteria . PIP is not an out of work benefit, many people work and claim PIP.
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  3. #3
    Senior Member
    Join Date
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    Quote Originally Posted by knompirt View Post
    Hi all I'm in some desperate need of help. I had an accident where i fell off a roof in September 2012 and broke nearly every bone in my body and nearly died. As a result I've ended up with PTSD (flashbacks, nightmares, severe anxiety and panic attacks). This has lead to alcohol abuse and I am dependant on multiple medications including diazepam and zopiclone to help me stay stable and be able to sleep. Howver, these medications cause drowsiness and forgetfulness.

    I have been on the support group of ESA since 2012 and recieved enhanced PIP as of December 2015. I did my PIP assessment in Jan this year and it was reduced to standard rate and went for ESA assessment earlier this month and on the 19th I recieved a call from DWP telling me I'd been awarded ZERO points and i'm now fit for work and I now need to be on Jobseekers.

    In december 2015 I met my partner and have subsequently moved in with her in a different area. She is working 24 hours a week at the moment but we are expecting our first child in August, meaning if she can stick it out till then, her date to get statutory maternity pay starts in July. This has turned my world upside down and I disagree with the decision makers report so I have requested the HCP report also so I can get more medical evidence and do the mandatory reconsideration. Failing that working in my favour I'm going to have to appeal as I am not ready to go back to work at all.

    I feel like the system has failed me, and this is causing me more and more stress and axiety and i'm having thoughts of self harm and even fleeting thoughts of suicide because of the pressure I'm under. Am i still entitled to PIP while i'm on JSA, and if so? why? It's a disabilty payment but they expect me to actively seek work, so it condradicts each other?!

    What are the success rates on mandatory reconsideration notices and appeals?

    Also when i got the call to notify me of my ESA being stopped I broke down and said how do you expect me to do anything with the conditions I have got? The DWP guy said to me "a condition could be a headache".

    Will signing on JSA affect my MRN or ESA appeal as if they're trying to catch me out by turning up to sign on etc?

    my payments have gone from £380 every 2 weeks to 140 every 2 weeks now and i'm left in a load of debt with energy bills etc and don't qualify for housing benefit because my partner technically owns a house that she's estranged from. (any advice on what to do about this would help also).

    Got citizens advice appointment on the 5th of May to go through most of this but in the meantime Any advice would be hugely appriciated.

    Many thanks
    I am presuming that when you were first placed in the support group of ESA this was to do with your injuries rather than with your present conditions. Did the evidence that you presented reflect this? CAB will help you focus on the appeal. The decision usually remains unchanged on MR but there is a 60% chance of success at the tribunal.

    Signing on for JSA will not affect the decision regarding your ESA claim.

    Since your partner works for 24 hrs a week the you would not be eligible for income based ESA. So were you receiving contribution based ESA with an income based 'top up'? I am presuming so. If your decision for ESA is eventually overturned then, because of your partner working 24 hrs a week you would only get your contribution based ESA (for one year of placed in the WRAG and ongoing if placed in the Support group.

    Of course things may change if your partner does not go back to work and after baby is born you will be eligible for tax credits and child benefit.

    As regards housing benefit there are several situations where the capital in a house is disregarded.

    CAB will be able to help you with your situation but be prepared for several appointments. The ESA appeal one must come first because there is a time limit. Then you can sort out your finances and debts at later appointments.

  4. #4
    Further to pmlindyloo's post if your existing esa claim is related to your original injuries it's possible you can make a fresh claim for new conditions, not sure if you have to complete the process of your old claim i.e. Reassessment, appeal etc or you can run both?
    I'm sure someone more knowledgeable than me will be able to tell you the process.

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