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benefits for depression sufferer

My husband had a 'mutual termination of contract' from his job in April after 2 long periods off work with depression. He was initially put on ESA, but then scored 0 points in his medical assessment - not surprising as none of the questions were relevant to his condition. Unfortunately the appeals process etc is just too daunting for anyone suffering from mental illness, so nothing got done - he can't even face the hassle of applying for JSA as he says he isn't available for work and doesn't want a grilling every fortnight about what he is doing. I work full-time, so can't claim any income based benefits, but our mortgage etc is based on both salaries so we're finding it a struggle. Any suggestions would be really welcome.
Thanks

Comments

  • geoff11
    geoff11 Posts: 468 Forumite
    a visit to a cab office, they would help with any appeal you wish to do, as for any bebefit entitlement im unsure of that sorry i cant be more helpful.
  • He needs to appeal his ESA decision as sauggested above, but he needs to get supporting evidence of his condition from his GP.

    Do you have dependent children?
  • Thanks. Is it still possible to appeal - I thought there was a time limit?
    We have 2 dependent children.
  • karenx
    karenx Posts: 4,988 Forumite
    How long ago was it?
  • geoff11
    geoff11 Posts: 468 Forumite
    oh right, i belive you have 28 days to appeal after reading the date on your thread that takes you past that, a new claim will have to be made, if it fails then go for the appeal straight away.
  • My advice is to CAB or the local authoritY Welfare Rights and get help with the appeal and there is currently a little known rule not helped by the lack of publicity by Jobcentre Plus is that you can continue to receive ESA on the assessment rate level while your appeal is being decided but you have to keep on getting Medical Certificates provided by your doctor and you must write to your local Benefit Delivery Centre stating that you wish to appeal and you want to continue receiving ESA, when they have the appeal letter they will process your benefit until the tribunal hearing. The alternative is to consider signing on for JSA (while you are appealing the decision) the shortfall is the harrassment and hassle by Jobcentre staff.
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    My advice is to CAB or the local authoritY Welfare Rights and get help with the appeal and there is currently a little known rule not helped by the lack of publicity by Jobcentre Plus is that you can continue to receive ESA on the assessment rate level while your appeal is being decided but you have to keep on getting Medical Certificates provided by your doctor and you must write to your local Benefit Delivery Centre stating that you wish to appeal and you want to continue receiving ESA, when they have the appeal letter they will process your benefit until the tribunal hearing. The alternative is to consider signing on for JSA (while you are appealing the decision) the shortfall is the harrassment and hassle by Jobcentre staff.

    It is a very well known rule that you can claim ESA at the assessment rate whilst appealing. I have seen it mentioned many times on this and other sites.
  • viktory
    viktory Posts: 7,635 Forumite
    Is he under the Doctor for his depression? Taking anything? Having counselling?
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