Disability Q&Apermalink
ICB stopped/desperate
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Hi everyone, just found this site and hope someone can help!
I have been on ICB for best part of 7 years now due to 3 failed back surgeries and a heart condition. My medical was on the 22nd September which I had at home because I am unable to sit for more than a few minutes. I received my assessment on 2nd Nov which I failed on points I immediately sent a letter asking for the decision to be reconsidered before I have to appeal.
My concern is my money has now been stopped and this was my sole income. I was told to apply for ESA while I wait for a decision to be made on my ICB. This I have done, but believe this benefit to be a much lower rate than ICB. I was struggling to get by as it was and can't see how I am going to manage on a less amount or even worse income support of £60.50 a week. Has anyone else been in a similar condition?.
Thankyou for reading -
Posted by STRANGELY STRANGE ( A brain on a spring ) (U2496023) on Sunday, 8th November 2009 permalink
Soz, cant help but will ask around for help!
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As far as I'm aware you should NOT be moved onto ESA.
As a current incapacity benefit claiment you should have been given a PCA which is the test for capability to work.
I assume this is what you had, and did not get enough points.
I'm a bit confused, because if you didn't get enough points you should have been directed to JSA.
Howeve at that point you should refuse to go on JSA and state you want to appeal about the PCA.
They will thne reduce your benefits to a ludicrously low level until you win your appeal.
What is confusing is that they appear to have said that you are not eligable for IB, but referred you to ESA, which is the new IB for new claiments from 13 months ago.
Its very confusing. Either you are too ill to work, in which case you should have passed the PCA and remained on IB, or you failed the PCA and should be put on JSA !
Someone has this wrong, it could be me (!) not reading your post correctly or it could be them.
Even if you had a short time not claiming IB because you felt well enough to work for a few weks you should be covered by a rule that allows continuation of previous benefits should you find that you actually are not well enough to work.
Advice? See the CAB asap.
Obviously we will try and help to answer any queries you have as well as seeing the CAB
Hope that helps and hasn't confused you further.This is a reply to this message.
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Small additional problem is that ESA is not just the IB but also IS, so with you being on a low income instead of getting IS, you get ESA.
Unfortunatley the ESA will probably put you on JSA, as its unlikely that you will pass their version of PCA which is the WCA.
And it is incredibly difficult to pass.
Confused?
Yeah, so is the system
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Posted by STRANGELY STRANGE ( A brain on a spring ) (U2496023) on Sunday, 8th November 2009 permalink
Thanks hoss, can I reiterate her advice and say how important an advice center like CAB or a dissability advice organisation is, not only for moral support but a correctly filled in for can mean the differance between sucess and failiure.
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Posted by STRANGELY STRANGE ( A brain on a spring ) (U2496023) on Sunday, 8th November 2009 permalink
Or even ~form~.
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Thanks guys for the advice, I'm not sure why I was told to claim ESA when I have just been signed off ICB obviously people in the benefits office don't know what they are doing. I am so outraged at the whole situation I am writing to my local MP and would urge others to do the same. The system is clearly not working and we have to stick together to get our points across.
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Yes, please write to your MP. That is what we are encouraging everyone who has a problem with the ESA to do.
Hopefully the sheer volume of complaints will eventually filter through to an MP who cares enough to ask questions.
Meanwhile there are some links in the "essential links for help and advice" thread that is in this board (somewhere) about appealing against IB / ESA, and what other people have had to endure...
There are a few sites that can help with appeals, such as the benefitsandwork site, though some charge a small fee.
Please appeal, please use the welfare rights centre near you or a disability advisor, CAB or community legal services, or similar, to support you.
We are here too (!) and we will assist as much as we can. At the moment many of the people who know the system well enough to give you the best advice are not posting much as they are all a bit out of energy.
regards
Hoss.
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Lets all write to our MPs, its done so much good hasnt it?
ddThis is a reply to this message.
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I think dd that its because not enough people write to MPs and Government ministers that things dont change..
a few people can be easily ignored , many cannot be as easily ignored, ..
Id suggest that weh people have problems with any benefit or government department administering it, not only they write but they get friends and neighbours to write too.. even the most mercenary of MP s will begin to make moves to do something if they feel their job may be at risk if lots of people dont vote for them over these sorts of things.
For many of us too , who dont have access to transport and cant travel alone to somewhere we dont know, getting to a ralley or meeting to protest isnt a possibility, so surely writing to an MP is better than doing nothing.
It also , for me, makes me feel im taking some control over my own fate instead of it controlling me, if only because ive stuck my head above the parapet and done something !This is a reply to this message.
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Hi everyone,
Today I recieved a letter stating I am eligible for ESA, I was signed off IB on 31/10/09 and have asked for the decision to be reconsidered before I appeal.
I now have to send sick notes in until the appeal is heard - I'm very confused, why was I signed off IB to go on ESA if this is the same benefit?....any help appreciated.This is a reply to this message.
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Not sure why you have been 'migrated' early...haven't caught up with the rest of the thread, maybe I ought to do that first
However at least you have money coming in, and it should be the same amount as you IB was, and any other benefits should be the same.
But remember, what was automatically passported before, i.e. IS, HB, CTB etc may not be now, so get on the phone to them and check that they know what the situation is.
Meanwhile I shall check the rest of the thread, but I am curious to know why you are being moved from one to the other...
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Ah, I get it.
You seemed to have failed the PCA for IB.
This would leave you to apply for JSA, and ESA as income support, which no longer exists as income support I believe.
Therefore you then get put on ESA till they prove using the WCA that you are fit enough for work. You will then go on JSA, with ESA as income support.
This is the governments great plan of simplifying benefits.
I think you need to appeal failing the PCA for IB, which is the advice you should have had in the first place.
I think you are going to need a good legal worker, solicitor or similar to point out that you didn't appeal within the time frame because you have been so confused by the system, deliberatly so.
So you need to gain the right to appeal, then appeal, then win then get put back on IB, complete with any passported benefits, and all the old benefits of the old system such as IS.
I think
Actually I think you have been screwed by the system, unless of course you are better, which I doubt from what you have said!
Really you must speak to someone who knows how to get you certified as unfit for work and back onto IB, and I mean someone who can sit down with you, someone who knows the law and understands disability.
Neil Bateman has a website (and makes the DWP cringe) so his site would be a good idea, as would the community legal team (in the front of the yellow pages help sections) as would benefitsandwork site to give you the frame work for appeals and what to do if you miss the deadlines.
Guy Fawkes had the right idea, this government is a shower of shy talks.This is a reply to this message.
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chrissyleo
you wwere asking why you had to apply for ESA when you were found fit when on IB. You had 2 choices you can appeal your incap ben and while you are appealling this you either claim JSA or go onto reduced rate income support - normally pays about £42.00 per week and you would stay on that until your appeal was heard. 2nd choice was to appeal the IB and claim ESA which will pay at £64.30. You will need to go for an ESA medical & provide sick lines but if your found fit for ESA and then put in another appeal your ESA will be reinstated at the full £64.30. In about 6 months time when your IB appeal is heard and hopefully you win this you will go back onto IB and you can then withdraw the claim for ESA. One of the big differences between IB and ESA is at the appeal stage - your IB gets cut while your appeal is ongoing to 40% of the base rate of IB, whereas when appealling ESA your money doesn't drop. At the CPAG training on ESA we were told to get anyone appealing IB to claim ESA and then revert to IB when the appeal was found in their favour cos hopefully you'd go back onto the £89.90 and all that money would be backdated - the difference between the £64.30 & £89.80.
I know all that might be confusing but if you have dropped from £89.90IB to £64.30 ESA you need to let housing benefit & council tax know so that your entitlement to these 2 benefits hopefully goes up.
Good luckThis is a reply to this message.
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Sorry I also forgot to say make sure your incapacity benefit appeal letter is received by DWP before 28/11/09, don't wait on a reconsideration being done
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I've just read it again.
You had the PCA on the 22nd September, but they didnt inform you til 2nd November, and you asked them to reconsider prior to you appealing. They appear to have made a decision on the 30th October.
Looking at it a third time (!) I think they have put you on ESA as an income, not as a judgement of you ability or inability to work.
You must continue to appeal, and ask why you need the sick notes. Try and talk to your GP about getting sick notes just in case, but you need someone to find out why.
It seems to suggest that the ESA is the income whilst you appeal, but why you need the sick notes confuses me...
I think I have it straight now.
Simplifying benefits (my arse!)
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Hossylass
you asked "why you need the sick notes confuses me..."
when you claim ESA you need a sick note and must attend a medical - they are both essential parts of claiming the benefit - since the original sick note will be with the IB team , the claimant will need a new sickline covering the period from when she was found fit for as far into the future as the doc will allow.
The folk that designed the benefits system have never had to cope with illness and the benefits system at the same time obviously!This is a reply to this message.
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Thank you monic. I was struggling to get it clear just what was going on, and just what I should answer there !
Thank you for providing what I was struggling with.
I knew that under the old system you got IS at a reduced rate, but wasn't sure about the new system...
It is now clearer to me at least.
Still seems an odd thing to do, i.e. give people the option of the new system at one amount versus the old system at a lesser amount.
And as for the sicknote thing, imagine trying to explain that to your doctor in less that 4 minutes !
"No doc I am still just as ill, but now they dont believe me, so they have put me on a different benefit until I prove I am just as ill as I used to be, so can I have a sicknote until they are convinced please?"
Umph !
So glad you explained Monic
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Wow! thanks guys for all the info, I went to the doc today and he was shocked I failed my medical, he gave me a sicknote for 24 weeks which should see me to the appeal. My ESA pays 64.30 which is a drop of 25.00 a week , apparently after 13 weeks on ESA they increase this amount by 30 85 which would actually make this benefit more than IB....
Somebody from CAB is coming to my home to help me with the appeal and says I should apply for DLA as well.
I haven't heard about having an assessment for the ESA yet and I'm not sure if I'm on support allowance or working support as it didn't say in the letter they sent me.
my head is banging... and this is just the start.
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Hi Chrissyleo
After you claim ESA the next step is you are sent for a medical.
Before you get a medical you are in the assessment phase
I haven't heard of anyone passing their medical unless they are receiving chemotherapy. I find that they normally find you fit at a medical and you have to lodge an appeal for that. The means that you stay on the assessment phase of £64.30 while your appeal is ongoing. Since there is such a backlog of new ESA claims and appeals the few people that I know who have been put into either of the groups - support or working - don't automatically get the top up after 13 weeks either. You normally need to phone them to remind them. All very depressing, but thats why you need to let housing & council tax know that your income has dropped.
The other down side to ESA is that you don't get the carers premiums or disabled premiums that you get on IB, thats what the support & working assessments are meant to cover, the whole thing is a mess so you need to let the MP know what sort of hell you are having to go through.This is a reply to this message.
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