unsure whether to claim ESA

I am currently in receipt of income support as i am a foster carer. I also have DLA at higher rate mobility (indefinate period) and middle rate care. I recieve the income support because i am a foster carer. Under the current rules as soon as my foster child reaches the age of 16 i am supposed to claim either JSA or ESA. It was suggested by the office dealing with my income support, that if i apply for ESA credits only as soon as the young person reached the age of 16 i would automatically then get ESA. I started to complete the form for this over the phone but quickly became aware that the questions were not covering any of my problems. I completed the test paper here for ESA and scored 0! Here is a list of my problems, maybe someone can suggest a way to go about this.
both hips arthritic
both knee caps removed (no replacements)
both hands bone at base of thumb removed (affects writing)
right shoulder ripped un repairable rotator cuff
left shoulder repaired rotator cuff, but no lifting.
nerve damage to neck area, this prevents me from doing things that involve me slightly tilting my head, ie reading, watching tv, using pc, hoovering floor.
spondilosis to kneck
osteoporosis in base of spine.

I am worried about claiming incase i don't get ESA and may then lose my DLA.
Help would be much appreciated.

ESA eligibility is assessed according to specific criteria, so that if you can carry out the specified tasks, you are deemed fit for work, regardless of whether you are actually fit for work, and as some charities such as Citizens Advice and MacMillan have published, there have been people plainly unfit for work failing the ESA test.

The test-yourself calculators that we have on here for the old and new WCAs are based on those legal criteria. The questions asked are not examples of how one might demonstrate unfitness for work, but specific criteria laid down in law.

Thus your diagnoses as such aren't directly relevant.

However, the tests we have on here are only for self-test purposes and don't guarantee that an Atos medical practitioner would come up with the same evaluation of how you do or do not meet the descriptors.

Back to Chris's question about losing his DLA due to an application failing the ESA criteria - do you have any idea how often people are losing their DLA award because of applying for ESA. Any statistics?? thank you.

Hi cmarie

An ESA assessment is often a factor, rather than a decisive reason for losing DLA, so I don't think it would be possible to obtain such statistics.

Unfortunately it is quite common for ESA reports to be used against a claimant for DLA purposes. Quite wrongly, as ESA has a very different criteria and is often out of date.

Regards

Derek

Hi Chris
As a foster parent you should have your own allocated social worker either from the local authority or independent fostering agency, whichever you are registered with. Your social worker should be able to provide you with help & advice themself &/or their agency ie LA or IFA. If not the social worker if LA, should be able to make a referral for you to the LA welfare rights adviser/service.
You could also try contacting the Fostering Network, a national group for all foster carers. Hopefully, your agency has paid the mebership fee on your behalf as part of their support package for you.
Good luck
maggie

I have already been in touch with my LA supervising social worker and been in touch with foster line. They could not answer my questions either. It has been suggested i write to the MP for education (also covers fostering) for clarification and forward a copy of my letter to the campaigns manager at the fostering network. Rules around fostering are such a grey area, even the people that should know unfortunately don't know!

chris