Help advice with ESA

* It is not within 12 months of a FTA that they do not pay you....It is within 6 months.

* The recent rule change back in 2015 was that if you fail a medical, and appeal and lose an appeal, you cannot claim again with the same condition, your condition must have worsened or be different...it was a long time ago so I may not be entirely accurate. ..and they stopped people from being paid on the 2nd appeal for having been found fit for work.

* I need to know -on the most recent claim- what date you contacted ESA to make the claim? ... Did you do the claim by phone? or on ESA1? ....you said you claimed last month...August? I really need to know what date you phoned them to make the claim... and what date you said you wanted to claim from? If you don't know, you can phone ESA and ask them and they will be able to tell you. If it was an ESA1 claim it is a little more complicated but for them to find out you tell them to look at screen JA504 and the top date is the date they received the form and the date underneath is the date you are claiming from.

From your letters above..:
I see that they agreed to pay you in July 2016 due to a worsening condition (the overdose) ...They could not pay you from Aug 3rd because you had claimed JSA. They did not pay you 28/07/16 -04/08/16 due to the waiting days on ESA, but your JSA claim should have had no waiting days. Had you not claimed JSA they would have paid you ESA, too late now.

" Employment and Support Allowance
Thank you for contacting Jobcentre Plus and making a claim to Employment and Support Allowance on 3rd September 2017."
Was that a typo by you? As the date is out of context on a claim made 3rd Feb 2017 ??

also

Why do they say “we cannot pay you” and then go on to say to “continue to receive” ugh

Because you are not entitled to payment of ESA but you are entitled to receive ESA National Insurance Credits.

You have not put up the letter that says:...I really need this letter...
From JobcentrePlus...<date of letter>
We cannot pay you employment Support allowance....This is because we asked you to attend a WCA on xx/xx/xxxx and you failed to attend this appointment.
If you don't have it then phone ESA and ask them to tell you from DMACR (prounounced Dee-maker) what was the date of the most recent FTA WCA decsion (not including Man Recon decisions, the most recent "Original Decision for FTA WCA"

Is it ok if I PM you when I have freed up some space in my inbox? I will post on this thread when I do send a PM.

Ok, so you have a contact date of 02/08/2017

And we need to find out the most recent date that an original decision (i.e. not a Man Recon decisionn date) was made for FTA.. Make sure they look in DMACR to get the exact date of decision....

I do have more advice for you, which I am witholding until you give me this date.

Sorry Mikee,

That is not clear enough... Was it the appointment that you missed that was on 05/05/17 ?

Or was the decision to disallow your claim made on 05/05/17 ...for example because you missed an appointment on 28/04/2017 ?

I need the date of the decision, and you need to be absolutely sure you are giving me the correct date of the decision.

Which is why I asked you to ask them to look in DMACR to get the esact date of the decision.

I accept you may have already done what I asked you to do, but your last post is not telling me it was the date of the decision.

Ok.

So what that means is, if you were to contact the ESA phone line on or after 06/11/2017 (but not before) to say that you want to make a new claim and that you want it backdated to 06/08/2017 as long as you have sick notes they WILL pay you from the date of your sick notes. It is best if you had continuous sick notes from 06/08/2017 because then you would be given 3 months arrears payment. Any sick notes already sent to the DWP for your existing claim will still be ok, you would not need to send them again .... TO DO THIS, HOWEVER, i.e. to make a claim in November 6th that will pay you, you would first need to close the existing claim that you have got now which is from 02/05/17.

So you have to weigh up your options ....

You can continue on your existing claim, attend the WCA, if you miss it again you will be penalised for another 6 months (unless you can show new or worsened) But if you attend, a report will be written, a DWP decision will be made, you will either pass or fail,
If you fail, you can appeal...but you will not be paid on appeal.
If you pass, they will pay you from 09/05/17

Or

2nd Option. You can close the existing claim that is not paying you before you get a WCA appointment..... then wait..... Then make a new claim on 06/11/2017 from 06/08/17, supply sicknotes.... and you will be paid for those sicknote periods.

Or

Your third option...is to stay on the existing claim & show evidence of a new or worsening condition again (letter from doctor or new condition on a sicknote) which is new or worsened since 05/05/2017...... A decision will be made, if they agree it is new or worsened, they will pay you on the existing claim as long as you continue to get sicknotes.

Hope this Helps, now you know what options you have.