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Advised not to claim universal credit?

Carleokn33Carleokn33 Posts: 5Member Listener
Hi  this is probably a bit long winded but here goes I have been in ESA for about 6-7 years now pip also but I had my medical for ESA the other week and received 0 points every other year I have not had a problem and always recieved the points necessary for my clain to continue , I have ankylosing spondylitis I'm 42 and have had it for 8 years I have the hlab27 gene that causes it which is my white blood cells are overiding my red ones and this causes the severe inflamatinfl in my bones both my hips are buggered I get constant sciatica and my feet and hand I don't feel them very well and my groin feels like it's being crushed in a vice I can barely walk I use crutches every day even about my  flat my chest bones are also starting to fuse and I have constant stabbing pains in my lungs I don't know what to do I was on sdp but work related activity as the ESA didn't know I was on pip if they had know if have been in wrag group but now I don't know what to claim I've sent for mandatory reconsideration but how do I survive I was advised by the ESA man to not claim UC as it could affect my claim also he said there was something about being on sdp but couldn't find the literature about it not sure what he meant about that but I'm literally on my a##e without a penny can you help ???

Replies

  • Antonia_ScopeAntonia_Scope Posts: 1,783Member Pioneering
    Welcome to the community @Carleokn33 

    Thank you for sharing this with us, I am sorry to hear you have been in pain. Our members may be able to answer your questions. In the meantime you may find our benefits section useful.
  • poppy123456poppy123456 Posts: 15,178Community champion Disability Gamechanger
    Hi,

    As you were claiming the SDP with your ESA then you won't be able to claim UC.

    Firstly your ESA. You have 1 month from the date of the decision to request the MR, which should be put in writing stating what group you think you should be in and your reasons why. Sending in evidence to support your claim with the letter because they very rarely contact anyone for this.

    Most MR decisions remain the same so you'll most likely have to take it to Tribunal. Once the Tribunal accept your appeal then you'll be able to go back onto assessment rate for ESA with a sick note from your GP.

    In the meantime while you wait for the MR you can claim JSA. Once you've claimed and had your first job centre appointment you can then take a sick note with you when you attend your 2nd appointment. This will allow you to claim an extended 13 weeks sick while you're waiting.

    I'd advise you to speak to your local advice centre for help and advice.
  • Antonia_ScopeAntonia_Scope Posts: 1,783Member Pioneering
    Hi @Carleokn33 

    You can find your local CAB on the Citizen Advice website

    Please keep us updated and if you have further questions, do let us know.
  • Carleokn33Carleokn33 Posts: 5Member Listener
    Thankyou for your response, should I claim jsathen ?  Wouldn't that contradict my m r?? And also was advised not to claim ESA by new claim for same reason so how come I can claim jsa for 13 weeks ?? Won't this mean I'm changing benefits even by getting a fit note I thought they stopped fit noted now ?? So after the 13 weeks what then ??? And why can't I claim UC because of sdp ?? What's the reason why ??? Any input would be received gratefully as I'm totally at a loss and am worried about not getting my rent paid last thing need is the homeless 
  • poppy123456poppy123456 Posts: 15,178Community champion Disability Gamechanger
    You won't be able to start a new claim for ESA unless it's for a new condition, or a significantly worsening condition of an existing one. Then you have to wait a for a decision maker to decide whether you can claim it or not. I wouldn't advise you do this.

    You can't claim UC because you claim SDP and new rules that came out in January 2019 that states those that are claiming SDP can't claim UC until the transitional support protection is in place later this year. http://www.legislation.gov.uk/uksi/2019/10/made

    JSA is payable with a fit/sick note for 13 weeks while you wait for the MR decision. It doesn't contradict the reasons for your ESA MR because you'll be sending in fit notes for the JSA claim. Most MR decisions remain the same so you'll most likely have to take it to Tribunal. Once the Tribunal accept your appeal you can go back onto assessment rate for ESA but you'll need fit/sick notes from your GP.

    It's your decision whether you claim JSA while you wait for the MR but the MR decision can take weeks and then you'll need to request the Tribunal and wait for them to accept it because you can go back onto assessment rate of ESA and all of this can take 8 weeks possibly longer. That's a long time to wait.

    Please get help and advice from an agency near you.



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