ESA and other benefits.

[LD_DOLL1611]

Please can anyone advise what I am entitled to in benefits..
I have been on ESA for a few months and was at the appeal hearing on Thursday.
It was denied even though my doctor sent them a letter confirming that I am on medication for depression and anxiety along with several other major health problems including cervical spondylosis which is very painful and restricts the power in my hands.
The panel were also made aware that I care for my 86 year old dad who is housebound and very frail....I have not applied for carers allowance even though I have looked after him for nearly 3 years.
I cant apply for jobseekers as I need to go to my dads every day usually more than once.
I just dont know what to do now and I am at my wits end as to how I am going to pay my bills.
All advice would be very much appreciated......thank you.

[Richard1966]

To get Carers Allowance your dad has to be getting Attendance Allowance. IF he is claim carers and you can then claim Income Support as a carer. Your will probably find your not much worse off than on the ESA.

If he's not claiming AA, get a claim in asap.

[LD_DOLL1611]

Attention : Richard....
Thanks Richard.....Dad is full High rate aa.

[Yorky Lass]

You can appeal against the appeal and you will be paid ESA again as long as you keep sending sick notes. Appealing against an appeal can go on forever !!!!!!

[themas]

I think you will find that you can only appeal again on a point of law - in other words, if the Tribunal is deemed to have mis-interpreted the relevant law in some way. You need some specialist help with this - local CAB or other free welfare benefits advice service. Meanwhile, claim whatever you can as advised above. Also, if you don't live with your father & are not getting housing benefit (if you pay rent) or council tax benefit claim those from the local authority.

The appeal tribunal you went to would not really be concerned about your caring responsibilities - their role is limited to determining whether (in their judgement) you are fit to work. They might look at the caring work you do in that context but not as part of a justification for you remaining on ESA.

[Yorky Lass]

It use to be a second appeal could only be on a point of law but that changed quite some time ago. You can now keep appealling an appeal.

[themas]

Yorky - I think you may find the legislation says otherwise. You appeal to a First Tier Tribunal. You can appeal their decison to an Upper Tier Tribunal on a point of law. I believe this is based on Tribunals, Courts and Enforcement Act 2007, s11.

[Yorky Lass]

Themas - It was a Decision Maker who told me. Otherwise I would agree with your quotation as I have read it myself.

[themas]

Yorky - Interesting. Can only say Decision Makers don't always get everything right - not surprising really when you consider the enormous amount of legislation & guidance manuals on benefits.

[Richard1966]

I'm with Themas. Appeals beyond the first tier are only on a point of law. It just goes to show how little the decision makers know about the appeal process.

[THECORBYLOON]

I am not an expert on ESA but I am aware that the legislation surrounding ESA and appeals is very complicated. It is possible for folk to be disallowed ESA and make an appeal which means that a new award of ESA can be made pending the outcome of the appeal. The new award is exactly that, NOT a continuation of the previous award. If the appeal is lost, the disallowance of the original claim is confirmed but the subsequent award has to be disallowed on the same basis. An appeal can be made against the disallowance of the subsequent claim.

If you have a look at the memos Decision Makers have to use, you’ll see how complicated the process is http://www.dwp.gov.uk/docs/m-07-10.pdf and http://www.dwp.gov.uk/docs/m-33-10.pdf

[LD_DOLL1611]

Many thanks to everyone who answered me.
I now have an appointment at the CAB and with a Welfare rights officer.
Hopefully I can get back on ESA as 2 doctors from my surgery have agreed that I am not fit to work at the moment.
I will let you know how things go.........Thanks again everyone.