ESA benefit advice

Does anyone know if there is anything I can do about this please?
I suffer from agoraphobia and have been in receipt of ESA benefit since it took over from incapacity benefit. Last year I was asked to go for an assessment for ESA. I asked for a home assessment but after my doctor sent a letter to confirm that I would need an assessment at home they said they didn't need to see me. The next thing I hear from them is that they have put me in the work related activity group so I appealed because I would not have been able to attend the meeting at the Job Centre that being in the work related activity group requires because of my agoraphobia. It's been over a year since I appealed and I still have heard nothing about it. Last month my ESA was stopped because of a new 365 day rule. I phoned and asked what I could do but was told the only things I could do were wait for the result of the appeal and maybe apply for DLA. I have applied for DLA but haven't heard anything yet.
I have tried phoning the appeal court but they hadn't a clue what was going on and told me that I should phone the Job Centre. I phoned the Job Centre and they said it's nothing to do with them once the case has gone to appeal and that I should phone the appeal court. So now I am left with no money and no idea if or when my appeal will be heard.

thay have to pay you on low rate esa when you appeal
god bless

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Originally Posted by london

thay have to pay you on low rate esa when you appeal
god bless

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No they don't if you are on contribution based ESA and are in the WRAG section you only qualify for payment for 365 days and then it stops. So basically this means that because you've paid your fair share of national insurance stamps you get punished for it. Whereas if you had made no contribution to n.i at all you can claim ESA til the cows come home. How unfair is that?

---------- Post added at 16:33 ---------- Previous post was at 16:29 ----------

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Originally Posted by daveuk

Does anyone know if there is anything I can do about this please?
I suffer from agoraphobia and have been in receipt of ESA benefit since it took over from incapacity benefit. Last year I was asked to go for an assessment for ESA. I asked for a home assessment but after my doctor sent a letter to confirm that I would need an assessment at home they said they didn't need to see me. The next thing I hear from them is that they have put me in the work related activity group so I appealed because I would not have been able to attend the meeting at the Job Centre that being in the work related activity group requires because of my agoraphobia. It's been over a year since I appealed and I still have heard nothing about it. Last month my ESA was stopped because of a new 365 day rule. I phoned and asked what I could do but was told the only things I could do were wait for the result of the appeal and maybe apply for DLA. I have applied for DLA but haven't heard anything yet.
I have tried phoning the appeal court but they hadn't a clue what was going on and told me that I should phone the Job Centre. I phoned the Job Centre and they said it's nothing to do with them once the case has gone to appeal and that I should phone the appeal court. So now I am left with no money and no idea if or when my appeal will be heard.

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I would contact CAB, Welfare Rights or DIAL to see if thy can look into this for you. You need to be in the support group to qualify for ESA as if you're in WRAG you only get 365 days payment if you're a contribution based claimant.

This site is also good for advice www.benefitsandwork.co.uk

Sorry I can't give you any specific advice about this, I just want to say that I really feel for what you're going through - it must be terrible to be left with no money.

And I think what the government and Atos are doing to the disabled and sick is an absolute disgrace! :mad: It's not as if someone's illness or disability is going to magically disappear after 365 days is it?!

Good luck with your appeal. :bighug1:

you didnt say but are you living alone or with n wife or partner, because if you are on your own they will have to pay you something, whether it be esa, income support, job seekers, cant leave you without anything but if you have someone to support you then they won,t, i,m in the middle of n appeal at moment and it really irritates me how, although i know their are people on esa who shouldn,t be, they are putting extra stess on the genuinely ill or disabled people in this way, it as certainly caused me more stress and anxiety, i am now having to go back to therapy n suffering from other stress related problems, cutting my money from £101 a week to £71 dosnt help. i live alone n could barely manage before but now i am on the breadline n getting in debt, its a crime what they,re doing in this goverment, hope you get sorted soon xx
:hugs:

I live with my partner, she's a care worker so she doesn't get a big wage.
I am going to sort out all of the letters that I have received about this, write down a proper time line of events and then try and contact Welfare Rights on Monday to see if they can help.
Thanks for the help everyone:yesyes:

Hi Dave,I'm so sorry to hear about your situation. I hope you can get the help you so deserve and get it sorted out.

I am currently appealing on behalf of my dad,who also got the same letter as you saying that he had been placed in the support group,which he cannot possibly attend. I recieved a letter last week to say they are looking into his appeal,I hope it doesn't take that long for us to sort out.....it's horrible,causing so much distress and anxiety for all of us.

i feel for you, my esa stopped at the begining of this month, due to the 365 day rule, and being in the wrag group, despite support from GP psychiatrist etc to say i should be in the support group, went for my 'job focused interview' at the job centre last february as is compulsory, and the advisor said he had all my history in front of him, and it was clear i was unwell at present and they didnt want to see me again... i intially got esa without a medical, they dont want to see my at the job centre as its inapprioriate, i have been in the pyschiatric services for over 20 years , and despite chronic mental illhealth for that time, and i still in this so called work group and now have no money, my husband has to keep me in the eyes of the government, i have had citazens advice , my mp, and welfare rights all involved in my case, my gp and consultant have written fabulous supporting letters, and the dwp just aint budging... i am entitled to apply for esa income based, but if your partner works 24 hours a week or more, whether they earn the minimum wage or whether the earn 100 grand a year, makes no difference... i have another appeal pending at present, and has been since april, which bu the way the dwp take forever ..or sometimes not at all bother communicating with you... it is a farce, it makes me sick... my mental health has worsened and now have high blood pressure and chronic insomnia amongst other things with the stress and worry... anyway off my soap box, i have no faith in this system whats so ever, it disgusts me the way the genuine sick and disabled are being treated.... although i have still have an appeal pending, i really dont hold out much hope, they will be trying to get my DLA next... and that really will be the end of me..

I'm also struggling with trying to get a 'home visit appointment'.

I had a weeks payment then nothing - once I contacted them they said they hadn't received my fit note from my doctor which I sent in the relevant envelopes. Apparently I had lost them or posted to the wrong address...
Once I finally managed to get an appointment with my Doctor for another note I then posted it off and got it backdated. In the mean time I got a letter telling me I would need to attend a work capacity meeting - despite my stating several times in the form I wouldn't be able to attend the meeting. I rang the office and spoke to a nice man who told me I would need a letter from my doctor stating the reason why I couldn't attend. Which I asked my Doctor to do and he promised he would. However, I got a letter and a form to fill in explaining why I missed my appointment and if I didn't return the form within 3 days (including Sat & Sun) I would have my payments suspended. So i've filled in the form and am now waiting for them to contact me to see what their next step is..

I'm hoping by some of these stories that it won't go this far for me, but it's looking unlikely!