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

andyandflo

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.

Hi, that is what happened to me!!

I actually rang the DWP following the failure letter and THEY told me that I should claim JSA now that I have been found fit for work. I still sent in my appeal and claimed JSA at the local JC+.

That was my one big mistake. Like you they kept asking if I really was fit for work so I produced the failure letter. I filled in the forms, and when I went to sign on days later, I was called to one side and told that in their opinion I WAS too sick to work and could not satisfy the conditions of claiming JSA.

I then reclaimed ESA again - that was on the 11th January 2010, it was not until the 20th April 2010 did I receive any money.
If I had have asked to keep receiving ESA whilst the appeal was going through I would have been paid every fortnight without a break.

But they don't tell you that - do they???

allan2006

what happends if u appeal, they keep paying you and u lose.....do you have to repay the money??

prob a stupid q

speedfreek1000

allan2006 wrote: »

what happends if u appeal, they keep paying you and u lose.....do you have to repay the money??

prob a stupid q

No there is no repayment.

Here's the guide for appeals http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949

Prob should have thought about posting this earlier :rotfl:

Unlike other appeals of DWP derisions (which have a 7-11% chance of success) if you appeal ESA the average success rate is around 50% for a paper based one, 60% for an appeal in person and rises to 70% with representation.

I believe that this tribunals decision can be appealed but from this stage it is about points of law rather than an error in their decision making.

healy

andyandflo wrote: »

Hi thanks for that note. Yes my evidence is quite bulky - about a couple of inches thick. And yes I take you point about them not being able to read more than a few pages, but if I produce it piece meal as I go through my defence, do they not have to take notice of it as it is passed over to them even if it takes a while to do?

As I understand it they are obliged to consider ALL evidence no matter when or how it is produced.

In that case you will need to send the evidence in before the appeal so that the tribunal have a chance to read it.

When you attend the appeal they should ask if you have further evidence and if you produce a large bundle they will have to adjourn the appeal for another date so that they can read it. They do have to take notice of new evidence but unless it is a small amount they have to read it in advance in order to give you a fair hearing.

andyandflo

healy wrote: »

In that case you will need to send the evidence in before the appeal so that the tribunal have a chance to read it.

When you attend the appeal they should ask if you have further evidence and if you produce a large bundle they will have to adjourn the appeal for another date so that they can read it. They do have to take notice of new evidence but unless it is a small amount they have to read it in advance in order to give you a fair hearing.

Hi Right then. So the bundle I have which is my defence should be sent to the Tribunal for them to read it beforehand. That way I would have a fair hearing, but how do I know that they have in fact read and understood it. I can't question them to see what they have understood can I?. I tried that at the medical which I failed, and much of the statements given by ATOS do show that they could not have read and understood it properly.

My way is to present it as evidence per topic per descriptor.

But maybe I am wrong - I seem to have been over all but most of my recent dealings with the DWP!

andyandflo

speedfreek1000 wrote: »

No there is no repayment.

Here's the guide for appeals http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949

Prob should have thought about posting this earlier :rotfl:

Unlike other appeals of DWP derisions (which have a 7-11% chance of success) if you appeal ESA the average success rate is around 50% for a paper based one, 60% for an appeal in person and rises to 70% with representation.

I believe that this tribunals decision can be appealed but from this stage it is about points of law rather than an error in their decision making.

Hi how do I arrange for representation if that is the best chance I have of winning? CAB don't do it, DIAL has closed down, Council Welfare Rights people went a couple of years back in the cuts.

speedfreek1000

andyandflo wrote: »

Hi how do I arrange for representation if that is the best chance I have of winning? CAB don't do it, DIAL has closed down, Council Welfare Rights people went a couple of years back in the cuts.

Have you asked the RBL?

healy

andyandflo wrote: »

Hi Right then. So the bundle I have which is my defence should be sent to the Tribunal for them to read it beforehand. That way I would have a fair hearing, but how do I know that they have in fact read and understood it. I can't question them to see what they have understood can I?. I tried that at the medical which I failed, and much of the statements given by ATOS do show that they could not have read and understood it properly.

My way is to present it as evidence per topic per descriptor.

But maybe I am wrong - I seem to have been over all but most of my recent dealings with the DWP!

They should read what is sent to them and that is part of their job to read the case notes before the appeal, I think in most cases they do but the only way you could be sure would be to actually watch them read it which is obviously impossible!

There is a Doctor on the panel so he should understand the medical aspect and the Judge is legally qualified and trained on Appeals so should understand the legal aspect.

As part of the appeal they will go through the relevant descriptors so you should get a chance to have your say then.

esa_2

speedfreek1000 wrote: »

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.

missed my medical due to didnt get the letter, had loads of hastle with them giving me wrong advice and stuff, did the apeal and got knocked back, so am going to the tribunal, was told to go on jsa even though am unfit for work, put another claim in for esa even though they told me i couldnt, they werent happy, but now they are saying they wont pay me on my second claim untill i have the medical, but cant say when it will be, but above you say that they have to pay untill the tribunal, is this true and who do i have to shout at to get it.

Two4Tuesday

ESA can be paid at the assessment rate whilst an appeal is ongoing for failing a medical, but not usually for non-attendance at a medical.