Esa help please :-( xx

[sweet_harmony]

Hi all,

sorry wasnt sure were to ask for help, I have had a letter come through saying my ESA will stop on the 18th of July.
I was put on Esa when incompacity stopped. I suffer with depression, ocd, axiaty attacks, I am under 2 mental health teams in coventry. What can i do myself and my family relie on this bennifit with out it we stand to loose everything my axiaty levels are awful at the minute. I cant cope please someone help and advice me bless you.

Jo. :-(

[wobble1]

Sorry you are having it hard,
I am making assumptions from the little info you gave. ESA is for a limited time and after that you are expected to go onto JSA. I don't know if you have a partner and if so their status, how many children and what age, if you are getting other benefits etc etc.
Therefore it's hard to give a precise answer, however, those who are supposed to go from ESA to JSA usually face the same problem that often JSA can't be claimed if you have a sick note from your Doctor saying you are not fit, it's all a bit mixed up and you really need to contact your nearest CAB and get assessed and appropriate advice, also this may help put your mind at rest.

[sweet_harmony]

Hey Wobble thanks for your answer, I was on incompacity for 13 years They changed me over to ESA and say in the letter i can only claim that for 365 days, so basicly iv been on the sick for 14 years, My partner works full time they say he earns to much to get working tax (but does not earn enough to support a family of 5) the only other bennifit we get is child bennifit and child tax credits. I have a daughter of 13 and twin 3 year old boys. Can i go on to jsa even tho i have been on the sick so long? PANICing big time :-( xxx

[davewhit]

Hey Wobble thanks for your answer, I was on incompacity for 13 years They changed me over to ESA and say in the letter i can only claim that for 365 days, so basicly iv been on the sick for 14 years, My partner works full time they say he earns to much to get working tax (but does not earn enough to support a family of 5) the only other bennifit we get is child bennifit and child tax credits. I have a daughter of 13 and twin 3 year old boys. Can i go on to jsa even tho i have been on the sick so long? PANICing big time :-( xxx

you might be able to go on jsa but need to get advice that said if your still too sick to work then they might not award jsa as your not up to working

if you do go back to work being sick would open up working tax credits with extra payments for being disabled

[sweet_harmony]

Can i ask can you re apply to get esa? also what would happen if i apeal? would they stop all payments? Thanks for your imput Dave x

[Carneucopia]

Can i ask can you re apply to get esa? also what would happen if i apeal? would they stop all payments? Thanks for your imput Dave x

Your ESA is stopping because of the new 12 month limit on claiming Contribution Based ESA - not necessarily because the think you should be going back to work. But because of the new 12 month rule there is no recourse to appeal. You could continue to send in sick notes, which should stop them trying to force you to sign on. In any case if your contributions based benefit has stopped you wouldn't get JSA either (maybe for 6 months - I'd need to check the rules on that. Certainly not for more than 6 months.)
I would suggest that your husband tries to make a new claim for Working Tax Credits - because your overall household income will reduce. If you did manage to go back to work that in itself wouldn't give extra Tax Credit payments on the grounds of sickness, unless you are also getting the appropriate level of DLA.

[davewhit]

Your ESA is stopping because of the new 12 month limit on claiming Contribution Based ESA - not necessarily because the think you should be going back to work. But because of the new 12 month rule there is no recourse to appeal. You could continue to send in sick notes, which should stop them trying to force you to sign on. In any case if your contributions based benefit has stopped you wouldn't get JSA either (maybe for 6 months - I'd need to check the rules on that. Certainly not for more than 6 months.)
I would suggest that your husband tries to make a new claim for Working Tax Credits - because your overall household income will reduce. If you did manage to go back to work that in itself wouldn't give extra Tax Credit payments on the grounds of sickness, unless you are also getting the appropriate level of DLA.

no no no...................

you dont need esa or dla to get disabled tax credits there are many reasons for getting disabled working tax credits .... dla can only get you a second extra disabled tax credit premium

read this for all the details


http://www.hmrc.gov.uk/taxcredits/tc956.pdf

[seriouslyfedup]

I read on another forum for people whose CB ESA has ended after 12 months that after a 12 week gap of no payments and you are in the WRAG group then you can reapply for CBESA. This info was posted by someone on 25th April 2012 who works for the DWP, is generally respected on the forum for knowing his stuff. He said he got the info from the ESA Policy Team via his MP. Has anyone else heard of this?

[sweet_harmony]

I can not get DLA iv tryed 3 times with no joy i find this all so confusing anyone eles? :-(

[wobble1]

Given the extra info regarding your partner and family I think you must go to the CAB and they can assess your total income and outgoings, medical information etc, it's just not possible on a forum to give anything but general info.
Just being told by the DWP that you are no longer have a claim in one benefit is not the end of it. The CAB are good folk who will not judge you and will be on your side if your rights are being ignored.