jsa stopped/ esa refused/still off sick/ NOW WHAT

Yes.

The basics of the appeal is;

1, call and request appeal form
2, fill this in and get this sent back to them with in a month of the ESA decision.
3, wait for a tribunal date and gather evidence to support your case.

It's very important to lodge the appeal with in the time frame of a month from the decision. It doesn't have to be comprehensive as you have time (upto 2 weeks before tribunal date) to build a case based on your medical reports and the results of the ATOS report etc.

They will also need to continue to provide new fit notes from their doctor until the appeal is held.

When you send in the appeal form request all the info the DWP have used in the decision (forms, assessment (medical) reports etc) and also state that you wish to continue to be paid at the ESA assessment rate whilst you appeal.

If the person claims any other benefits (especially Council Tax & Housing benefit/LHA) you should call the relevant departments and ask if you need to inform them of this change.

Not sure about other benefits but the CT/HB/LHA will automatically suspend payment until a change of circumstance form is returned to them. ESA stopping = change of income which you need to tell them of. Same thing has to be done again once the appeal is lodged and ESA payments resume.

There's plenty of advice (some good some bad) on the net on appeals but I'd strongly advise that you contact someone for help.

eliza71 wrote: »

tks speedfreak... very concise and helpful.. but could u pls tell me what does ATOS stand for ??

I'm assuming they would have gone for what is loosely termed a medical assessment after submitting the application forms?

ATOS is the company who perform these tests for the DWP and produce a report which is given to the person @ the DWP who decides the case.

http://www.atoshealthcare.com/

These reports are often the sole basis for the decision so you will need to go through it and dispute it as part of the appeal.

what happens if u fail the medical, dont they automatically move you onto jobseekers allowance. Surely if they say your cant recieve esa they must place you on jsa??

speedfreek1000 wrote: »

Yes.

The basics of the appeal is;

1, call and request appeal form
2, fill this in and get this sent back to them with in a month of the ESA decision.
3, wait for a tribunal date and gather evidence to support your case.

It's very important to lodge the appeal with in the time frame of a month from the decision. It doesn't have to be comprehensive as you have time (upto 2 weeks before tribunal date) to build a case based on your medical reports and the results of the ATOS report etc.

They will also need to continue to provide new fit notes from their doctor until the appeal is held.

When you send in the appeal form request all the info the DWP have used in the decision (forms, assessment (medical) reports etc) and also state that you wish to continue to be paid at the ESA assessment rate whilst you appeal.

If the person claims any other benefits (especially Council Tax & Housing benefit/LHA) you should call the relevant departments and ask if you need to inform them of this change.

Not sure about other benefits but the CT/HB/LHA will automatically suspend payment until a change of circumstance form is returned to them. ESA stopping = change of income which you need to tell them of. Same thing has to be done again once the appeal is lodged and ESA payments resume.

There's plenty of advice (some good some bad) on the net on appeals but I'd strongly advise that you contact someone for help.

Hi good advice, but there is one point I would make relating to the timing of when to submit your evidence. In fact there is no time limit. You can send the evidence at any time, but if it is close to the date of the hearing, there is nothing stopping you presenting it to the Tribunal on the day.
I keep on hearing about this '2 week limit' and can find no requirement anywhere that it has to be so. I have most of my evidence now and expect the hearing in August, but I would prefer to present my case 'using the evidence' to highlight my arguments one section at a time instead of it being buried in a mountain of documentation that may or may not be thoroughly read by the panel before the hearing. I have found no one that will help bring the evidence together and represent me so am hoping that I have done a good enough job!
If not, why worry. Because it will be more than 6 months by the time of the hearing since the DM decided I was fit for work, in which case I just apply for ESA again using the same illness and start the ball rolling once more until I do get the 'right decision!!

divastrop wrote: »

You have to phone and claim JSA yourself, or ESA. I failed my medical last month and I claimed JSA, but the jobcentre staff kept asking me if I was SURE I was fit for work. I just said 'I am according to the doctor who did the medical! ' . It seems there is a gap as someone else metioned, between ESA and JSA.

That's one choice the other is to appeal the decision and stay on ESA at the assessment rate (same rate you're on now) until tribunal.

The tribunal to hear your appeal will happen on average 6-9 months later due to the backlog being cause by the sheer volume of ESA appeals.