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Benefit help needed ASAP

Aruffell
Aruffell Posts: 98 Forumite
edited 29 June 2010 at 12:15PM in Benefits & tax credits
Bit of background is that i used to be on JSA but my back condition got worse which is still not fully diagnosed but they seem to think that it's nerve related spinal issues.

I'm currently on around 15 tablets a day (most consisting of 30mg Codeine throughout the day).

I went to a JSA interview to see how i'm getting on and they asked about any health issues, to which i told them about my back (which effects me on a day to day basis) and was told that i CAN'T claim JSA any more and would have to go onto ESA instead which i did in a prompt fashion, since i've been on that i have been signed off for 6 weeks at a time and am undergoing supervision from the rheumatologist and am in the process of starting physiopherapy and pain management.

Back in December i had to go for an appointment with ATOS to assess me and after everything i showed them i couldn't do and after everything i told them too, they marked me as 0 and said i was fine to go back to work. I obviously appealed this as most days it takes me quite a long time to even get out of bed.

I recieved a letter today from the first-tier tribunal service stating that my appeal has been disallowed and upon ringing ESA, they said i now have to go on JSA. It was them who told me i can't claim JSA in the first place :S

Where do i go from here as i'm now signed off for 6 MONTHS and am due to start physio next week.

Help, because this is all just stressing me out and making my back even worse :(

Thanks,

Andy
«1

Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Did you not attend the Tribunal?

    If your Tribunal appeal has failed, you have been judged fit for work and will need to go back onto JSA. You may be able to appeal again, but this would usually need to be on a point of law.
    Gone ... or have I?
  • Aruffell
    Aruffell Posts: 98 Forumite
    dmg24 wrote: »
    Did you not attend the Tribunal?

    If your Tribunal appeal has failed, you have been judged fit for work and will need to go back onto JSA. You may be able to appeal again, but this would usually need to be on a point of law.

    I was never told about the tribunal, i received a letter saying that they sent a letter about it to which i never received, and was then told it was too late and then received this letter.

    So i had no idea that it had already been done.

    Andy
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    You would have received more than one letter about the appeal - did you select a written or oral hearing?
    Gone ... or have I?
  • Aruffell
    Aruffell Posts: 98 Forumite
    I received one saying i received another one and then this one, so out of 3 i got 2 letters, one saying it's too late for me to do anything, and then this one saying it's disallowed.

    Andy
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Aruffell wrote: »
    I received one saying i received another one and then this one, so out of 3 i got 2 letters, one saying it's too late for me to do anything, and then this one saying it's disallowed.

    Andy

    That doesn't make sense?
    Gone ... or have I?
  • my advice would be to seek a citizens advice benefits adviser for asap tell them the urgency of your case so your seen asap take along all your documentation and id as youll be asked for them and then youll sign a form allowing them to represent you and talk to the dwp on your behalf.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    my advice would be to seek a citizens advice benefits adviser for asap tell them the urgency of your case so your seen asap take along all your documentation and id as youll be asked for them and then youll sign a form allowing them to represent you and talk to the dwp on your behalf.

    Whilst CAB may be able to help, it really is far too late for them to be able to do a great deal. They should have been contacted when the OP failed his medical, not months later.
    Gone ... or have I?
  • Aruffell wrote: »
    I received one saying i received another one and then this one, so out of 3 i got 2 letters, one saying it's too late for me to do anything, and then this one saying it's disallowed.

    Andy

    if you recived one letter stating that they have allready written to you but you didnt recieve that letter it refured to then why didnt you contact them to say you havent had any letter! After so long why didnt you contact them to check the dates for the tribunal as you havent recieved any correspondence from them?

    as advised citizens advice
  • Aruffell
    Aruffell Posts: 98 Forumite
    if you recived one letter stating that they have allready written to you but you didnt recieve that letter it refured to then why didnt you contact them to say you havent had any letter! After so long why didnt you contact them to check the dates for the tribunal as you havent recieved any correspondence from them?

    as advised citizens advice

    I did, i phoned them and said that i hadn't received such letter and they said it was too late now and that it had already been decided, turns out it was only all decided yesterday, so i was lied to basically.

    Andy
  • Aruffell wrote: »
    I did, i phoned them and said that i hadn't received such letter and they said it was too late now and that it had already been decided, turns out it was only all decided yesterday, so i was lied to basically.

    Andy

    how was you lied to? they probably did send the letter but whether you recieved it because it was posted to wrong address or lost in post. you probably wont get another tribunal hearing under these curcumstances.

    after a while didnt you phone them to check that a date had been set, it takes weeks for a hearing or even months.
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