The ESA medical for people with anxiety and depression

Killmark

cozza wrote: »

Hi i was on esa for depression when i went for first medical they turned me down .
But i appealed against it and tribunal went in my favour I dont think they reconised depression as illness coz so many try to say they are depressed when they arent
Which when you do get a genuine case they dont believe you so you have to go through all the tribunal stress to prove you are genuine
I now am back to normal now thank god .

I passed the medical, I think it really comes down to the severity of the case though.

andyandflo

Sorry I forgot to mention that the reason why they haven't paid anything to me and won't is because I claimed JSA mid way through the ESA claim period due to bad advice from the ESA people and even before I went for my medical. Never had any JSA money and they even told me that I wasn't fit to work when I went in there. But because I did go in as I was told to do so, they have used it as evidence that the ESA claim is fictitious!! So beware of falling into the same trap as me.

andyandflo

healy wrote: »

If someone claims JSA whilst appealing an ESA decision it will not go against them at a tribunal. In fact it will not even be part of the appeal.

Hi, I am sorry to contradict you on this, but whilst it may not be part of the appeal system, if you try to give evidence that you are really ill (hence the reason for the ESA claim), they do have the right under the rules of evidence to bring up any matter that could discredit your evidence. Yes the appeal hearing is there to argue the validity of the Decision Makers decision to refuse ESA at a particular point in time, but the fact that shortly after you receive that decision notice you claim JSA (see the declaration you have to make) does imply that you had a miraculous recovery from a serious illness the day after you were told that you were fit! That would when presented correctly cast doubt on the validity of the ESA claim throughout. If you are seriously contending that they won't use that evidence then you can't have spent much time in a court room!!

dmg24

andyandflo,

Your posts on this thread and others have demonstrated that you do not understand the ESA appeals procedure. Could I suggest that you get some help with your own situation, and stop posting incorrect information on here?

As healy has stated, claiming JSA during the appeal process will not influence the Tribunal decision. People are expected to mitigate their circumstances, and it is acknowledged that they have to live off something. No offence, but I am in no doubt that healy knows the system far better than you do.

healy

andyandflo wrote: »

Hi, I am sorry to contradict you on this, but whilst it may not be part of the appeal system, if you try to give evidence that you are really ill (hence the reason for the ESA claim), they do have the right under the rules of evidence to bring up any matter that could discredit your evidence. Yes the appeal hearing is there to argue the validity of the Decision Makers decision to refuse ESA at a particular point in time, but the fact that shortly after you receive that decision notice you claim JSA (see the declaration you have to make) does imply that you had a miraculous recovery from a serious illness the day after you were told that you were fit! That would when presented correctly cast doubt on the validity of the ESA claim throughout. If you are seriously contending that they won't use that evidence then you can't have spent much time in a court room!!

You are incorrect. They will not bring up the fact that you have claimed JSA and it will not be considered as part of the evidence; it has nothing to do with the appeal.

A tribunal is an informal court and I have attended them and the fact that someone has claimed JSA will NOT be used as evidence against the appellant. This is not my opinion but a fact.

andyandflo

healy wrote: »

You are incorrect. They will not bring up the fact that you have claimed JSA and it will not be considered as part of the evidence; it has nothing to do with the appeal.

A tribunal is an informal court and I have attended them and the fact that someone has claimed JSA will NOT be used as evidence against the appellant. This is not my opinion but a fact.

Hi I bow to your seemingly superior knowledge in these matters and maybe once again I have my wires crossed. Maybe I am confusing matters, and maybe my particular case is different. What I was trying to put over is that after 11 weeks of Assessment rate I claimed JSA because some silly clown at the ESA office said that it would be more fitting for me. You see I do quite a bit of voluntary work - average 30 hours per week. And that if I can do that I should find a proper job. I claimed JSA, but they took one look at me and refused to proceed with the claim. In the meantime they cancelled my ESA claim (5/1/10) because I claimed JSA.Had medical 13/1/10 and put in new claim for ESA 23/1/10. Just heard 15/2/10 that I failed - 9 points. Never had any money since 5/1/10 as they say that in claiming JSA I confirmed that I was fit for work and not ill and that's the reason they cancelled the claim 8 days before the medical.
Now to the point, because I claimed JSA they said that they it will be brought up at an appeal hearing along with the medical report and ESA50 as showing that my claim for ESA was a scam!!!

healy

andyandflo wrote: »

Hi I bow to your seemingly superior knowledge in these matters and maybe once again I have my wires crossed. Maybe I am confusing matters, and maybe my particular case is different. What I was trying to put over is that after 11 weeks of Assessment rate I claimed JSA because some silly clown at the ESA office said that it would be more fitting for me. You see I do quite a bit of voluntary work - average 30 hours per week. And that if I can do that I should find a proper job. I claimed JSA, but they took one look at me and refused to proceed with the claim. In the meantime they cancelled my ESA claim (5/1/10) because I claimed JSA.Had medical 13/1/10 and put in new claim for ESA 23/1/10. Just heard 15/2/10 that I failed - 9 points. Never had any money since 5/1/10 as they say that in claiming JSA I confirmed that I was fit for work and not ill and that's the reason they cancelled the claim 8 days before the medical.
Now to the point, because I claimed JSA they said that they it will be brought up at an appeal hearing along with the medical report and ESA50 as showing that my claim for ESA was a scam!!!

I was talking about when someone fails a medical for ESA then claims JSA whilst appealing. At the tribunal the fact that they have claimed JSA will not go against them as it is standard practice, this is not seemingly a fact but an actual fact.

Your case is different and the tribunal should decide that you were given incorrect advice from the DWP, which you can prove as they refused to proceed with the JSA claim. Your tribunal should still be judged on the the evidence that you provide and not the fact you incorrectly claimed JSA.

NASA_2

utopiandream wrote: »

i was on income support for depression/anxiety i just got benefit stopped as i got 6 points..think u need 15 to keep it so im appealing..but ive no money now...well i hope crime pays as government run idiotic scheme..if they take u off 1 benefit they should automatically sign u over to say jobseekers..no need for us to fill in 50pages of forms again...labour are morons..so are all other partys

If your a career claimant, as it sounds like you are, then most of the boxes ticked will be 'No' and you dont need to provide any further information on that question.

I appreciate that 'Yes/No' answers may be beyond you but most people are able to handle them or at least have a go.

If the claim is made over the phone you dont even need to tick anything at all - you just use the power of speech.

andyandflo

healy wrote: »

I was talking about when someone fails a medical for ESA then claims JSA whilst appealing. At the tribunal the fact that they have claimed JSA will not go against them as it is standard practice, this is not seemingly a fact but an actual fact.

Your case is different and the tribunal should decide that you were given incorrect advice from the DWP, which you can prove as they refused to proceed with the JSA claim. Your tribunal should still be judged on the the evidence that you provide and not the fact you incorrectly claimed JSA.

Thanks for that - It does seem that I had my wires crossed. The worry I have is that when I mention it at the Tribunal, and as you say I can prove it - in fact there is a record on the DWP database entered by the ESA office that they accept that they gave bad advice, is that why would someone who is ill be so stupid and confirm the application that I was fit for work. Never mind.
And as you and others have pointed out already, it's about time I had some decent professional advice, as at the moment I have caused so much confusion in my claim, that my ESA claim could not be dealt with from their computer system. At the moment I have withdrawn completely my claim after finding out I had failed.
Thanks

jennilb

Hi Coz 71.

(NB: This advice is based on my understanding that your GP still considers you to be sick, but has got confused by the system and is not writing sick notes for that reason. If she thinks you are well, then you'll need to explain to her / show her how you are not.)

I had the same problem, with the GP not understanding a letter sent by the DWP following the medical and prior to the appeal. The letter says she doesn't need to write sick notes any more as you've been assessed as fit to work. Further down it says she can still write sick notes if you have appealed, and that she can contact the DWP if she needs more information.

If you have had letters from the DWP since then asking for sick notes, I suggest taking them to the GP. If she still says she wont write a sick note, then I suggest making a formal complaint to your practise manager. You are complaining that an administrative error is seriously affecting your ability to sustain your income - get help from the CAB to do this if needs be.

If this does not work, then I suggest you contact your MP with copies of all the DWP letters and your complaint letter and ask them to intervene on your behalf. Send copies of your complaint and any MP letters to the DWP - this shows them you are making an effort to resolve this.

In the meantime, you may have to sign on for JSA if you have no alternative source of income.

I hope this helps

Jenni