Employment Support Allowance Claim

beth58_2

donaldfleming wrote: »

Hi Beth58,
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.

Hi donald

No if you've had a medical and failed most claimants would then have to go through the appeal process, I believe then to ensure payment of ESA you would have to make a new claim while waiting for first claim to get to appeal (in some cases a year or longer). If ATOS have already deemed you fit for work with that ailment the decision maker can reject the claim with the same illness. (I think but not 100% sure).

In other words the system is a mess and no one knows exactly whats supposed to be happening, which is why there are so many mistakes being made and DWP is at breaking point.

nannytone_2

if youre well enough to be able to continuously put that much effort into staying on benefit, then surely you could manage some type of employment?

dookar

Yes it's feasible. But with the relaxation of conditionality on JSA, would it be worth it?

jenn-1

Given that at present it is taking 6 months plus for an appeal to be heard; it is possible to make a claim, fail a medical, lose an appeal and then submit another claim for ESA straight-away. As long as the whole process takes you over the magical 6 months.

If you do claim within six months you would have to prove your medical condition had worsened or the doctor had signed you unfit for work with an different illness. The decision to accept your new claim in this instance would then be sent to a decision maker. You are normally then sent straight for another medical before the new claim can be accepted.