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Received letter stating ESA to stop but still on sick note?

Help, been on ESA since Nov 09 after recovering from two heart attacks in May 09. Had the routine medial assesment which went really well, but week later received letter stating they are stopping my esa as I scored 0 points.

My doctor has signed sick note and my heart specialist say I cannot go back to work yet.

I feel punished and this has made me feel sick....i dont need this worry. Ive been in hospital twice for stents and suffered with an anxiety attack due to money worries.

How can I claim JSA if have signed sick note? What can I claim until im fit for work? How do I appeal to the ESA and is it worth it????

Comments

  • Appeal now,details should have been provided with the letter telling you about the decision,whilst the appeal is ongoing you will receive the assessment payment of esa,your doctor saying you are unfit for work and scoring the needed points at the wca are sadly 2 different things
    btw welcome to MSE
  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Help, been on ESA since Nov 09 after recovering from two heart attacks in May 09. Had the routine medial assesment which went really well, but week later received letter stating they are stopping my esa as I scored 0 points.

    My doctor has signed sick note and my heart specialist say I cannot go back to work yet.

    I feel punished and this has made me feel sick....i dont need this worry. Ive been in hospital twice for stents and suffered with an anxiety attack due to money worries.

    How can I claim JSA if have signed sick note? What can I claim until im fit for work? How do I appeal to the ESA and is it worth it????

    You must appeal within the month, well 28 days from the date on the letter which can take 2-3 weeks to recieve in some areas, you cant just get a new sick note for the exacly the same thing.

    Contact your MP first thing in the morning or by email tonight, youd be surprised how much they can help you.
  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    woodbine wrote: »
    Appeal now,details should have been provided with the letter telling you about the decision,whilst the appeal is ongoing you will receive the assessment payment of esa,your doctor saying you are unfit for work and scoring the needed points at the wca are sadly 2 different things
    btw welcome to MSE

    There was nothing in my husbands paperwork on how to appeal, in fact a footnote was the only mention of the word and we only knew how to do it from here and anyone recieveing the letters would have to go over it a fair few times just to find the footnotes!
  • Phone the citizens advice bureau and ask for help. If your month is nearly up, tell the person you speak to that it is urgent and they should be able to make you an emergency appointment. I have found them to be extremely helpful at an extremely stressful time.

    The system says that once they recieve your appeal they'll restart the payments straight away (including all weeks not paid). I would recommend that you phone the benefits office and tell them you're appealing too, as it can get left on a pile. They didn't restart mine until I phoned them, they said it had been in the middle of a pile to be dealt with.
  • CodfishCatfish
    CodfishCatfish Posts: 1 Newbie
    edited 11 November 2010 at 12:50AM
    I was also receiving ESA for an injury i received in 2006. I damaged 2 major discs in my spine between L4+L5 and L3+L4 Degenerative wear and a protruding disc. After an MRI scan and subsequent physiotherapy I was still in daily agony. I took a sick assessment in late 2008 which I scored 13 out of a possible 15 points which kind of deemed me fit to work. I appealed this and waited for over a year until in 2010 the DWP said my appeal was not successful and that it was in fact disallowed in 2009 and a mistake on their part kept the system paying me. I was told that the rules had changed and that I should now claim ESA. I did at the beginning of 2010 and after 6 months went to another assessment which the outcome was 0 points. So they seem to have deemed not only was I fit to work I was probably fit for any kind of work even though I was on drugs for my daily pain and more so than this later assessment had see my back cured (could not be further from the truth) . Although I was in excruciating pain daily. From Diclofenic Sodium to Etadolac (later withdrawn because of known heart problems) to naproxen + Amitriptyline to Tramadol to BuTrans 5mg patches quickly after 2 weeks upped the dose to 10mg + Prochlorpeazine to help with the extreme sickness caused with Tramadol and then later BuTrans. None of the mention drugs were taken together. My point being after later the Government changed to ESA and I appealed to a tribunal and was found not to be entitled to ESA and able to work but still have a sick note until December 31st 2010. I was told I can appeal a 2nd time but I won't get any payment while doing so. In the mean time told to sign on to JSA and look for work. Where do go from here. My back hurts daily and some days it is sheer agony not helped by the drugs which make me feel extremely sick or make me feel drowsy and no motivation. I am confused how the DWP expect me to work in this condition. I was consulted about possible fusing of the spine but this was ruled out as risky and very restrictive and also possible epidural injections and again ruled out due to my age and would be useful now but as I got older would prove less effective in later life when I would need them more (I’m 36) What do I do. Claiming JSA means I'm fit and able to work but I am not and don't wish to commit any kind of fraud. Who is responsible if I do go to work and further injure my spine and possibly land me in a wheelchair. Please any advice.
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