ESA stopped - need urgent advice please as no money

pagangirl

Was working til Dec 31st - job ended. Went on JSA. Told in May by own doctor and Jobcentre manager not fit for JSA, go on ESA - nightmare from start to finish. Went for medical 8th July. Told this week failed medical (only 9 points) money stopped from 30th September. Will be putting an appeal in as still signed off sick by own doctor.

What do I do - am not getting any money coming in from anywhere - nobody interested. I can't sign on JSA as sick. Can't claim ESA as they turned me down. Somebody please help, as this is coming between me and me sleep now as really scared. Thanks in advance for any advice

dazzadub

as far as im aware if you put an appeal in they continue paying you at lower amount until appeal is heard but if u fail with appeal you have pay money back.
or go on jsa and keep making a point that you unable to do that type of work if they look at jobs for you.

richard9991

dazzadub wrote: »

as far as im aware if you put an appeal in they continue paying you at lower amount until appeal is heard but if u fail with appeal you have pay money back.
or go on jsa and keep making a point that you unable to do that type of work if they look at jobs for you.

if you appeal you will continue to recive esa at the assesment rate if you win the appeal it will be back dated to when it stopped you WILL NOT HAVE TO PAY IT BACK IF YOU FAIL APPEAL.

elainey_2

As long as you appeal within the time limit, and you continue to send in doctor's notes to cover you during the appeal process, you will continue to get ESA at the assessment rate. Do NOT apply for JSA, unless you are able and are actively seeking work, as it takes two weeks to close down the ESA claim, and a bare minimum of two weeks to set up a JSA claim.

Hope this helps
Love Elaine xx

pagangirl

I'm going to advice centre tomorrow am for help in filling in appeal form

Thanks for your anwers, its nice to know someone cares :T

sunnyone

pagangirl wrote: »

I'm going to advice centre tomorrow am for help in filling in appeal form

Thanks for your anwers, its nice to know someone cares :T

Do you have a sick note to replace the one that you failed the medical with?

Because that one was cancelled at the time you passed the medical and you need a new one for the appeal, your GP will also have had a letter telling them not to give you a sick note because you passed the medical.

See your GP ASAP.

dazzadub

oh i was unaware that you didnt have to pay it back and also they inform your doctor not to give you a sick note, isnt this a little wrong surely your gp and specalists are more qualified then atos health care people and what gives them the right to inform your doctor not to give a sick note surely thats your gps decision not theres.

or is this a case of them trying to frighten people off appeals

elainey_2

sunnyone wrote: »

Do you have a sick note to replace the one that you failed the medical with?

Because that one was cancelled at the time you passed the medical and you need a new one for the appeal, your GP will also have had a letter telling them not to give you a sick note because you passed the medical.

See your GP ASAP.

The letter they actually send to GPs is just to tell them that the person is no longer recieving ESA and that there is no requirement for them to continue writing sick notes. However, most doctors, if they feel that you have a need for a sick note will continue to issue them, especially if you intend to appeal against the decision.

Hope this helps

Love Elaine xxx

fluffymovie

You should also apply for a crisis loan if possible as you don't have any income at the moment

FTW

Appeal straight away, and obtain as much evidence as you can get from any doctors or specialists you've been seeing about this problem.

Any letter you get from the DWP will just maintain that they're in the right, so expect to go right up to tribunal level.

As I've just said to another poster, it's always best to audio-record any assessment that takes place (but do it secretly) - because you'll find out why soon enough.

I know it's a bit late in your case, but it's something to bear in mind for any future assessment you may be subjected to.

fluffymovie

I am not an expert but I am pretty sure that recording a conversation without declaring to anyone is illegal and if the case were to end up in court, such evidence would be inadmissable.