ESA stopped... What do we do now?

dizzy-di_2

I am hoping someone can please help and advise me on what to do.

My daughter is 24, she was recieving ESA and got a letter today saying the decision had been made to stop her claim, and she is consequently fit for work, and she should claim JSA.

The reason they gave is that she failed to attend a medical in September - she never had a letter asking her to attend a medical, but she did get a letter asking her to fill a form in as to why she didnt attend.
WE did this straight away and stated that she had never recieved the appointment. She has not been paid now for 4 weeks - but we thought it was because she was late getting her Dr's note into them. She will only see one GP and he was off, that was the reason for the delay. She recieved a letter 5 days ago asking for her Dr's note, but it said if already sent in to ignore this letter - which we did as it had been sent in a few weeks ago.

Then she got a phone call asking why she didnt attend medical - she explained reason, never had appointment, and had sent in explanation letter as requested - they said ok they would send her another appointment through.

Now today this letter, she is suffering from anxiety and depression, is on medication, and has a Dr's note covering her unfit for work until 15/1/11.

She gets panic attacks, and they are very bad, she has stomach pains and diorreah so badly she literally cant leave the house. I get so upset for her as for a young girl her age it is just terrible to see her go through it.

We have asked them a few times if the medical can be done at home, as it is going to be hard getting her there.

I am wondering what her best options are, the letter says she can do a few things - ask why decision was made, ask for them to look at the decision again, ask them for why decision was made in writing and she could appeal the decision.

What do you suggest she does, and will she not get any money now at all.

Sorry if this is difficult to read, but we are very concerned, as she is very very anxious about this, and i am worried about her, she cant seem to deal with things going wrong and not running smoothly.

dizzy-di_2

Has nobody got any advice for me ??????

the_devil_made_me_do_it

Dizzy you need to apply against the decision straight away. Don't delay as time is of the essence.

I would seek advice from your local resource centre or CAB. You could even contact MIND & ask if they can suggest who can help you build an appeal case.

Good luck. I hope you get the supprt you need a.s.a.p

dizzy-di_2

Thank you very much for the reply, I am going to try to do a letter now, and i will definitely seek some advice, what do they expect someone to live on, will she start getting paid again whilst appeal is going through - she cant claim JSA as she is not fit for work.

I will find out when my MP surgery is and seek his advice too.

olias

Right, here is what I would do. Send a letter first class signed for, and in it explain everything you have stated in your above post, but include exact times, dates, and names of people she spoke to if she has them as well as copies of any relevant correspondence. I would include in the letter that if this is not enough to reinstate her benefit prior to recieving a new medical appointment, that they are to take the letter as a request to appeal the decision to stop her benefit.

The bad news is that this can take a while to happen (either the reinstatement and new appointment or the appeal) and she will have to struggle without while this happens. I'm assuming from the way you have worded your post that she still lives at home, so even though it will be tough, she should manage as she obviously has a roof, over her head, and you can pay the food and bills until this is sorted.

the good news, is if you can prove everything you say in your post, then she should get the benefit backdated if she either wins an appeal or they agree she should have been given a new appointment and reinstate it.

Olias

dizzy-di_2

olias wrote: »

Right, here is what I would do. Send a letter first class signed for, and in it explain everything you have stated in your above post, but include exact times, dates, and names of people she spoke to if she has them as well as copies of any relevant correspondence. I would include in the letter that if this is not enough to reinstate her benefit prior to recieving a new medical appointment, that they are to take the letter as a request to appeal the decision to stop her benefit.

The bad news is that this can take a while to happen (either the reinstatement and new appointment or the appeal) and she will have to struggle without while this happens. I'm assuming from the way you have worded your post that she still lives at home, so even though it will be tough, she should manage as she obviously has a roof, over her head, and you can pay the food and bills until this is sorted.

the good news, is if you can prove everything you say in your post, then she should get the benefit backdated if she either wins an appeal or they agree she should have been given a new appointment and reinstate it.

Olias

Wow - thank you so much for all that information, I have done the letter, asking for an explanation on why they decided she is fit for work, formally made an appeal, and asked them to look again at the decision and with the explanation in mind, reverse the decision and reinstate her ESA.
I will send it recorded delivery, and i have also told them i will seek legal advice and am to see my MP in 2 weeks time at our local surgery - I will also send him a copy of the letter.
You are right she does live at home and her Dad and I will not see her short of anything - she is going through enough. However what concerns me is, what if she had nobody to support her, like i am sure there are people around that are in that position, it must really be terrible for those people.

Thanks again for your help.

the_devil_made_me_do_it

Once again good luck Dizzy. Your daughter is lucky to have such supporting parents

saschasmum

Hello Dizzy

I would also tell your daughter to ask her Doctor for a letter asking for the medical to be held at home. I suffer with agoraphobia and panic attacks and my medical was held at home.

Hope you get somewhere with this.

Sue

Hippychick

She can still apply for JSA while her appeal is going through but she needs to apply for JSA 'without prejudice' which means that she is only obliged to apply for jobs that would suit her capablities and as the dr has signed her off that would be none. Speak to the jobcentre and explain her situation.

Magenta

Good luck with the appeal xx Fingers crossed for you:)



I expect this is the start of the 'send the ill people who are not really ill people if they can manage to get out of bed back to work'
scheme:mad:

dmg24

Hippychick wrote: »

She can still apply for JSA while her appeal is going through but she needs to apply for JSA 'without prejudice' which means that she is only obliged to apply for jobs that would suit her capablities and as the dr has signed her off that would be none. Speak to the jobcentre and explain her situation.

There is no such thing as JSA without prejudice! However, she may ask to see a Disability Employment Advisor to discuss what work *may* be suitable for her.