Hi,

I have been trying to search for some answers but am really confused and wondered if anyone can advise me?
I was diagnosed with RA in 2010 and have just gone through the change from incapacity benefit to ESA.
I have been placed in the work activity group. Bearing in mind I am unable to do quite a lot in my own home.
I went to a work focus interview and was told that basically in a years time it is tough luck. He said I could appeal this decision.
I then spoke to the benefit centre who told me that the only other group I could be placed in would be the one for terminally ill people.
I am so confused and don't know what to do. I receive DLA so it is clear that I have a pretty big problem with mobility but questioning what has happened.

I would be grateful for any help or advice at all

Emily

Hiya Emily ,
they are kind of right but it totally depends on your circumstances.

Firstly for them to say the support group is for terminally ill people is totally incorrect,
To be eligible for the support group there is test called the limited capability for work related activity and the descriptors can be found here
You should have been advised of your right to appeal in the award letter, and it should have stated that you have one month to do so from the date of the decision.
You could appeal the decision if within that time , although you could risk being found fit for work .Have a look at the descriptors on the link above and see if you definitely fit them.

This is where the year issue comes in , despite rigorous campaigning against it .

You will only get contribution based ESA (not means tested ) for 365 days , after that you will have to claim ESA (Income Related) .This means that if you have a partner who has an income then that will be taken into consideration , as will any capital eg Savings , ISA's Second properties.

Any time in the support group does not count towards the 365 days. and in your case i believe it will be 365 days from the date you converted.

Look here for further detail .
You do NOT have to apply for work .

In any case it may be an idea to ask for a copy of your ESA 85 for future reference.

You state you are unable to do things around the house have you considered DLA ..more here amongst other issues.
It could also be an idea to contact your local District/County Council for a needs assessment if it is appropriate as they may be able to help with adaptations.
Consider asking your Consultant for an Occupational Health referral too as they can assist greatly.

Sorry it may not be good news ..it might be an idea to chat to someone at the CAB or other Advice Centre ..
Rich :)