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Thread: Heellpp.! !

  1. #21
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    Quote Originally Posted by Garyunsteady View Post
    The D.W.P. decision maker rang me this morning after I requested it, so that they could explain their decision.
    I took that opportunity to request the M.R. and she took some notes about myself, and the difficulties my condition causes me, and she put that request into motion for me.
    I've been in touch with the Disability Resource Centre, and they advised me to visit my local J.C.P. so I did.
    They also advised me to start a claim for U.C. so that at least I'll have some income while this business is in motion.
    I'm aware that there's no going back onto E.S.A. once you move onto U.C. but I have a feeling as E.S.A. is being phased out eventually (that's just my opinion of course)

    I'll be going to the J.C.P. again on Monday to take in the required documents to start a U.C. claim.
    My weekly rent statement... an explanation of my condition (this will be a supporting letter written by my G.P. plus my Sick / Fit note which is for 3 months to start with.
    Both the J.C.P and D.R.C. told me that there are two rates of U.C.
    There's the basic "Job hunter" (Fit for work) rate which is the lower rate, and there's a higher rate for the "Unfit for work"
    So the way I'm seeing things is that if your G.P. signs you off as sick, and you claim U.C. there will still be a drop in my income, but hopefully not a severe as I thought.
    This way I'm leaving the door open for a tribunal, and not being completely broke.
    I've spoken to the rest of my family (I've got no kids of my own) and they've agreed to support me financially while I go through the next few months thank Christ.
    Time will tell now I guess.... have a great weekend Girls & Boys

    Gary
    There ain't no going back now then Gary:
    Both the J.C.P and D.R.C. told me that there are two rates of U.C.
    There's the basic "Job hunter" (Fit for work) rate which is the lower rate, and there's a higher rate for the "Unfit for work"
    This isn't correct in your current circumstances (with a FfW Decision), the rate for LCW UC doesn't carry a component payment, it is only the LCWRA that does that.
    So it's very important you carry on with the Appeal, if you succeed there it may safeguard your 'Transitional' Status and WRAG component payment.

    Best of luck.

  2. #22
    Senior Member nukecad's Avatar
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    It's a shame (disgrace) that you have been forced into this position by a (probably inaccurate) reassessment.

    The JC+ are very good at leading you to think the wrong thing about what you might get on UC, without being actualy untruthful but by not telling you everything.

    As it stands at the moment you have been found fit for work and so will only get the same UC as any other jobseeker.

    You claimant commitment should be reduced because of the ongoing ESA appeal, but you will also need to submit Fit Notes to back that up (Just like you would if still on ESA during appeal).

    You will only get the extra money with UC if/when the appeal finds you to have LCWRA (old support group).

    You will lose the SDP money for now, hopefully the draft migration/TP legislation will give (some of?) that back once it is passed, but only if you win at appeal.

    So it is very important that you continue with (and win) the ESA appeal or you will just be another jobseeker.

    Hope it all goes well and you don't have too many problems getting the UC set up.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #23
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    Many thanks Jard.

    My plan was to take the U.C. while I pushed for an appeal as I have ZERO income at present.
    I'm sorry once more, but the abbreviation Ffw is a mystery to me.

    LCW & LCWRA also draw a blank with me too, you see I've only just been dropped into this situation, and haven't picked up the "Jargon" yet.

    On the surface of what you've told me here Jard, it looks like I may have been lied to then?
    They both told me that U.C. will be implemented no matter what, and it seems to me that the criteria has been tightened so much, that it's impossible to stay on E.S.A.

    The Decision maker almost sympathised with me saying.
    "even though you cannot mobilise for the required distance, they'll tell you that you can do so in a wheelchair, which you'll be able to store at your place of employment"

    I feel that I'm fighting a decision that's already been made, so the natural tendency is to roll over and take what's inevitable...it seems the most logical thing to do to me.

    It would help if I could find some concrete figures as to what I'll be entitled to if I moved onto U.C.
    Then there's the added time frame pressure of organising a tribunal date, and you can see why I feel like crying and giving up... I simply don't think it's worth fighting any further.
    I feel that somewhere in the corridors of power, someone has decided that we're all coming off E.S.A. so it's just a matter of time anyway.

    I'm sorry if this sounds defeatist, but I can't see any other way, they've broken my will already.

  4. #24
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    Thank you too Nukecad.

    These replies are coming in thick and fast now, so I may seem to be answering them out of order.

    The Brain damage I have, has made concentrating very difficult, and my short term memory is quite embarrassing.

    I'm sure the worker at the Disability Resource centre also told me that the best thing to do is go onto U.C. for the time being too.
    I'm extremely confused now.... I could really do with some kind of key worker to guide me through this minefield...."phew"

  5. #25
    Senior Member nukecad's Avatar
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    I'm sorry once more, but the abbreviation Ffw is a mystery to me.

    LCW & LCWRA also draw a blank with me too, you see I've only just been dropped into this situation, and haven't picked up the "Jargon" yet.
    Quick jargon buster for those:

    FFW - Fit for Work.
    LCW - Limited Capability for Work (ESA WRAG group)or(UC-LCW element).
    LCWRA - Limited Capability for Work and Work Related Activities (ESA Support Group)or(UC-LCWRA element).
    WRAG - Work Related Activites Group.

    "even though you cannot mobilise for the required distance, they'll tell you that you can do so in a wheelchair, which you'll be able to store at your place of employment"
    The 'fictional' wheelchair is a disgraceful way of denying LCWRA, everybody agrees it's wrong but unfortunately nobody has come up with a good legal challenge to stop them doing it - yet.

    the worker at the Disability Resource centre also told me that the best thing to do is go onto U.C. for the time being too.
    For most people it's the only thing to do if they need money to live, most people don't have the resources to do without some kind of benefit for a while.
    But there is no 'for the time being' about it - once on UC you can't go back.

    And yes, eventually in the next few years we will all be getting UC for one thing or another. Well over half the country will be on UC, working or not.
    Last edited by nukecad; 01-09-18 at 19:01.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #26
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    1) FfW = is Fit for Work, which is where you are currently and taking you off ESA

    2)LCW = is the UC equivalent of ESA WRAG, where you were (but LCW in UC doesn't pay a group component just the flat rate = 73 quid pw or so)

    3)LCWRA = is the UC equivalent of ESA Support Group, this actually pays more than ESA SG, but as with LCW no Premiums are payable on UC.

    On the surface of what you've told me here Jard, it looks like I may have been lied to then?
    They both told me that U.C. will be implemented no matter what, and it seems to me that the criteria has been tightened so much, that it's impossible to stay on E.S.A.
    I don't think either of them have purposely lied to you, I think they just don't fully understand your circumstances in this situation, they are definitely right on the button when they say UC is going to be fully implemented there's nothing surer than that but it's such a massive task and a dogs dinner that I don't think there is anyone that understands it properly/fully.
    You will definitely be moving on to it(UC) sometime, I just think it would have been far better for you to deal with this matter of the Appeal before the issue of UC, as mixing them like this makes it all much more complicated and it does appear you are going to take a substantial hit financially which probably could have been avoided had you been able to ride out the few weeks of the MR period.

    Still, keep us informed of your progress, all the best with it.


    NB:
    That "wheelchair" the Decision Maker (DM) mentions above only applies to the Support Group (SG) Descriptor, the 15 pointer, and doesn't count towards the lower point Mobility Descriptors that can accumulate towards a WRAG/LCW award.
    Last edited by Jard; 01-09-18 at 20:16.

  7. #27
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    Jard.

    I'd love to be able to talk to you somehow, so I've tried to add you as a contact... I don't know how to do this properly though... I'm not prepared to post my phone number on here, so I don't know what else I can do.... do you have any suggestions please?

  8. #28
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    That's impossible on this forum Gary, there's no private/personal messaging facility, but seeing how your asking what I would suggest is, to find out if you can cancel your UC Application on Monday.
    If that is possible, you can then carry on with the MR/Appeal process, the MR should take about 4-6 weeks at most if it fails to gain you a result and reinstate your WRAG award, you can move to the Tribunal Application. Where you can begin again to reclaim your Benefits, which would be ESA Appeal rate + your SDP, not forgetting you can claim HB/CT relief immediately.

    Have a think about it and we'll talk tomorrow, we'll help you as far we can, keep your pecker up.

  9. #29
    Senior Member nukecad's Avatar
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    Be very careful about trying to cancel a UC application once you have made one. (ie. Generally Don't cancel a UC claim once you have started it).

    The fact of starting a UC claim means that you have canceled any ESA, HB, etc. claims that you have yourself.
    And because you have canceled them yourself it's almost impossible to get them back.

    It can, almost always does, leave you without either ESA or UC if you cancel a UC application.

    To make the point:
    We fairly recently had a member try to move to UC on their own without being pushed.
    They made the UC application then changed their mind and tried to cancel their UC claim - they ended up with no benefits at all.
    https://www.youreable.com/forums/sho...edit-Nightmare!!!
    Phoned both UC and ESA and both are adamant when you start the claim even just online and without actually singing a commitment and going on UC that your previous benefit stops
    Two lessons there:
    1. Don't claim UC unless/until you are pushed into it.
    2. Once you start a UC claim you must follow it through.


    OK in this case it's slightly different because Gary already has no benefits in payment at the moment, but trying to cancel a UC claim once started can lead to all kinds of problems.
    (eg. Although Garys ESA has stopped he could get it back during appeal, making a UC application and then canceling it could prevent that).
    (Hard to tell for sure as it's not something that someone would do often, but knowing the DWP....).
    Last edited by nukecad; 01-09-18 at 23:49.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #30
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    "AHA".... there is hope here at last.!

    I haven't actually started the U.C. claim yet, but was set on doing so first thing on Monday morning, as I've "PARTIALLY" completed the online application form, but HAVE NOT actioned it yet.
    But I "WAS" going to the J.C.P. with the required documents, plus my Login and password details (their suggestion) tomorrow morning, so that they could help me finish it off correctly, and send it.
    Again (Their suggestion) as they could see I was in a state of confusion and not feeling confident at all.

    The Decision maker who rang me on Friday morning, has put my M.R. in motion for me, and she did take some more info from me to add to it, to strengthen my case.

    So are you guys saying that it's best to wait a few weeks or so, before doing anything else?

    I'm sorry about all the questions, but with this bloody brain damage, my confidence about any decisions I make without consulting my family has all gone.

    I'm now suspicious of the advice the Disability Resource Centre advice too, because I "think" my contact there advised the U.C. route too, but again due to the brain damage, can't remember for sure.

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