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Employment Support Allowance Claim
donaldfleming
Posts: 45 Forumite
Consider the following scenario:
Someone has an Incapacity Benefit (IB) claim. The claimant is summoned to a medical, which they fail. They lodge an appeal, which takes a year to be heard.
In the meantime they consult their GP, who gives them a sick note. They make a claim for Employment Support Allowance (ESA), which is allowed, and they are paid benefit at the lower rate.
Their IB appeal fails. They are then called in for a medical (re their ESA claim), which they fail. They lodge an appeal, and get another sick note from their GP, with which they use to make a fresh claim for ESA.
Assuming that the IB appeal tribunal has given the wrong decision and the claimant is in fact unfit for work, in order to avoid claiming Job Seekers’ Allowance (incurring an obligation to actively seek work) would it be possible for them to indefinitely submit sick notes, fail ESA medicals and fail appeals.
I realise that this seems like a nightmare claim-medical-appeal merry-go-round, but my question is: is it feasible?
If a person is genuinely unfit to actively seek work, long term payment of the lower rate of ESA could be the difference between staying in their home or being on the street.
Someone has an Incapacity Benefit (IB) claim. The claimant is summoned to a medical, which they fail. They lodge an appeal, which takes a year to be heard.
In the meantime they consult their GP, who gives them a sick note. They make a claim for Employment Support Allowance (ESA), which is allowed, and they are paid benefit at the lower rate.
Their IB appeal fails. They are then called in for a medical (re their ESA claim), which they fail. They lodge an appeal, and get another sick note from their GP, with which they use to make a fresh claim for ESA.
Assuming that the IB appeal tribunal has given the wrong decision and the claimant is in fact unfit for work, in order to avoid claiming Job Seekers’ Allowance (incurring an obligation to actively seek work) would it be possible for them to indefinitely submit sick notes, fail ESA medicals and fail appeals.
I realise that this seems like a nightmare claim-medical-appeal merry-go-round, but my question is: is it feasible?
If a person is genuinely unfit to actively seek work, long term payment of the lower rate of ESA could be the difference between staying in their home or being on the street.
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Comments
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donaldfleming wrote: »Consider the following scenario:
Someone has an Incapacity Benefit (IB) claim. The claimant is summoned to a medical, which they fail. They lodge an appeal, which takes a year to be heard.
In the meantime they consult their GP, who gives them a sick note. They make a claim for Employment Support Allowance (ESA), which is allowed, and they are paid benefit at the lower rate.
Their IB appeal fails. They are then called in for a medical (re their ESA claim), which they fail. They lodge an appeal, and get another sick note from their GP, with which they use to make a fresh claim for ESA.
Assuming that the IB appeal tribunal has given the wrong decision and the claimant is in fact unfit for work, in order to avoid claiming Job Seekers’ Allowance (incurring an obligation to actively seek work) would it be possible for them to indefinitely submit sick notes, fail ESA medicals and fail appeals.
I realise that this seems like a nightmare claim-medical-appeal merry-go-round, but my question is: is it feasible?
If a person is genuinely unfit to actively seek work, long term payment of the lower rate of ESA could be the difference between staying in their home or being on the street.
Course it is!!
With appeals taking over 6 months to hear, you are allowed to open a new claim after the failure at the Tribunal and it goes on and on and on!!! You can use the same illness because it is more than 6 months after the Decision Maker decided that you had failed the medical. That way you need not look for work or claim JSA, because you keep receiving the ESA payments during the appeal period.
1000's are doing it!!0 -
I seriously doubt it. Why put yourself through all that? Sorry; but I think that's ridiculous.Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
50p saver #40 £20 banked
Virtual sealed pot #178 £80.250 -
I seriously doubt it. Why put yourself through all that? Sorry; but I think that's ridiculous.
ummm - could you please explain to the OP why you think that that system does not work?
It's a damn sight better for the OP than having to sign on for JSA if he really is that unwell.
And why is it ridiculous? If that is what he wants to do and it helps him, give him the answers he asks for and not pass judgement or make your opinion known.0 -
I thought that if IB claim fails or is stopped you are automatically ineligible for ESA?
Also hasn't the phasing out of ongoing IB claims for ESA just started.0 -
andyandflo wrote: »ummm - could you please explain to the OP why you think that that system does not work?
It's a damn sight better for the OP than having to sign on for JSA if he really is that unwell.
And why is it ridiculous? If that is what he wants to do and it helps him, give him the answers he asks for and not pass judgement or make your opinion known.
I think the OP is clutching at straws. It's a waste of their time and that of ATOS / DWP to keep on claiming for ESA.Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
50p saver #40 £20 banked
Virtual sealed pot #178 £80.250 -
The way the system currently stands I'd imagine it is possible to jump on the merry-go-round however, you will run out of reasons to claim as a GP should not not be continually give (fit notes) for differing ailments without checking it's a genuine sickness. Plus the new fit note has a section in which the doctor can recommend addaptions within the workplace.Beth
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Hi Beth58,
"...you will run out of reasons to claim as a GP should not not be continually give (fit notes) for differing ailments without checking it's a genuine sickness."
It would be repeated diagnosis of the same ailment (M.E.). I've been diagnosed with this illness by a hospital consultant and my GP.
As I understand it, even though a claimant's GP diagnoses an illness, the ATOS/DWP doctor (via a medical) can still advise that the claimant is fit for work. Given this, there would be no need for the claimant's GP to diagnose different ailments to be given a sick note. The sick note would be given for the original ailment.
I hope that I haven't misunderstood what you've said. Thanks anyway for responding.0 -
No different to you trying to convince DLA that you should get high rate mobility and care component increased.
er what? My needs have changed since then.Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
50p saver #40 £20 banked
Virtual sealed pot #178 £80.250
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