ESA stopped... What do we do now?

dark_lady

Hey Walking Stick be very careful what you wish for. Coeliac disease or Crohns Disease can happen to anybody. You are just displaying your prejudices and discrimination towards this young ladys illness. Are you suggesting that someone who gets the "squits" should just soldier on and be a martyr and ignore their symptoms even though it could be something serious like bowel cancer? Incidentally i have noticed that certain elements on this site are very quick to jump on abusive posts that refer to skin colour or sexual orientation and so they should but the prejudice towards ill people on this board is disgusting. Why have ill and disabled people become the safe prejudice?!!!!

walking_stick_2

The lady in question is trying to claim for depression and as I pointed out in my opinion it is all too easy toget benefit for depression, as stated say the right thing and you will get benefit. The diarrhea aspect is apparently caused by the anxiety not some underlying disease. Of course said claimaint is more then entitled to go to a gp to be tested for the diseases you mention and my opinion on entitlement would change radically.
Also for your information I recieve benefits linked to my very own disability so I am afraid you cannot give me the label or beat me with the "prejudice stick.
Whilst you believe it is prejudice and in fact discrimination to point out that some people should not be entitled to benefit I do not. It is a fact that some people should not get benefit where as some more than do but do not get it. Last time I checked this is a forum not a benefit scam site.

themull1

There are a lot of people who still work with depression and anxiety, they just need to weed out the ones who haven't really got depression and anxiety, seem to be having a job, because if someone gets their benefits stopped, they go to their MP and get it reinstated.!! Rather than having everyone on benefits, why not have them go to councelling sessions to see if they can get out of depression? and find out why they've got it in the first place.

oldestrocker

Hi
I have made that many complaints about the DWP and my ESA claim, that I am sure they have a note on my file in RED ink!!
It get's you nowhere really, but the pleasure in seeing them squirm to answer some of the allegations is quite enjoyable.

There aren't any welfare rights locally apart from the CAB and they are useless. I had a woman come over to see me yesterday from DIAL I think they are called - and she was just as bad. She was reading from a DWP publication that I had already picked up in the JC+.

So, out the door she went!

Mind you, and I have to laugh at this, she said that I have dug myself a very big hole and would have difficulty getting out of it now and to top it all I seem to have alienated everybody that has been in contact with me! And they call that hekping the disabled.!!

Where I go from here - well like I would suggest you do - read, read and re-read as much as you can on the ESA topic including the DMG and Regulations, not forgetting the Appeals Service website for relevant cases.
At least that way you are in charge of your own destiny and don't need do-gooders trying to help but know they can't!

dizzy-di_2

Well she rang the ESA again today to ask about the assessment rate whilst waiting for the appeal to be heard. They said it only applies if appealing a medical decision - so is not payable in this case.

So she cant work, cant get JSA, as not fit for work, and now cant get ESA because of a wrong decision!!!!!!

What is a person to do in this case, luckily as i have said before she lives with us, but she is a 24 year old woman, who needs some form of income.

She would love to be able to go back to work, she has worked full time since school, until she became ill.

It appears to me you have to be full of all the tricks and know how the system works nowadays, some people get everything paid for - it just doesnt seem fair, i am seeing her go through this trauma each and every day, and if it was something within her control, she sure wouldnt be living like this.
She used to enjoy her life, have her own car, holidays abroad, out with friends, this has all gone now, and some people say it is through choice to get benefits - I dont think so....

Two4Tuesday

Extract from the Welfare Rights Bulletin:

Sunil claims and is awarded ESA. He fails, however, to subsequently attend a medical, stating that he did not receive the notification letter. He appeals the refusal of ESA arguing he had good cause for failing to attend. His appeal is not against a decision that he does not have limited capability for work, so Reg 30(3) does not apply. He cannot be paid ESA pending the appeal. He makes a new claim on the same basis as his previous one within 6 months of the previous refusal. The claim must be accepted, but he cannot be treated as having limited capability for work and so cannot be paid ESA until he has been reassessed under the WCA (the DWP must arrange for a new WCA to be carried out).

If she feels that she is unfit for work, she can reclaim ESA, but be aware that she will not receive any payment until she attends and passes the ATOS medical.

Alternatively she can claim JSA.

dizzy-di_2

Two4Tuesday wrote: »

Extract from the Welfare Rights Bulletin:

Sunil claims and is awarded ESA. He fails, however, to subsequently attend a medical, stating that he did not receive the notification letter. He appeals the refusal of ESA arguing he had good cause for failing to attend. His appeal is not against a decision that he does not have limited capability for work, so Reg 30(3) does not apply. He cannot be paid ESA pending the appeal. He makes a new claim on the same basis as his previous one within 6 months of the previous refusal. The claim must be accepted, but he cannot be treated as having limited capability for work and so cannot be paid ESA until he has been reassessed under the WCA (the DWP must arrange for a new WCA to be carried out).

If she feels that she is unfit for work, she can reclaim ESA, but be aware that she will not receive any payment until she attends and passes the ATOS medical.

Alternatively she can claim JSA.

Thanks for that information, if she claims JSA and explains the situation, about being unfit for work, she does have the support of her GP. Will they accept that or say she is not seeking work - which she wont be able to do, she cant attend the signing on appointment, never mind anything else they may ask her to go on.

Also wont the appeal be lost then, it may look as if she is really ok to work after all to them, if she signs on for JSA, even though she would only be doing it to get some income, we cant go on paying for everything for her.

Oh it is all so confusing - we just dont know what to do to resolve this and get her some income.

Two4Tuesday

It's a tricky situation. If your daughter claims JSA, she can ask to see the Disability Employment Advisor who may help with limiting her Jobseekers Agreement to things that she is capable of. However, from your description of her condition, it may appear to the Jobcentre staff that she is placing unreasonable restrictions on her jobsearch.

If she claims ESA again, once she has had the WCA, if she passes she will get her money backdated to the date of the new claim. I'm not sure what happens if she fails - whether she gets paid at the assessment rate pending appeal, or whether she gets nothing. Can anyone else advise on that?

Brassedoff

Sorry, I feel it is far more simple. In exchange for "benefit" you are asked and given notice of two simple reqirements. One the fit to work note, the other a medical, neither are dropped on a claimant with a few days notice. You want the money, you jump through the whoops.

As for the JSA, are you not putting up barriers? Is the Disabilty Employment Advisor the right person? Your daughter is not disabled, you claim she is ill. It gets on my wick when on this forum and other media, people pop up "suggesting illnesses" or claiming being ill is a disability, they are not.

I suppose a suggestion of Crohns is misleading. A simple test can show them markers, besides two friends of mine hold down jobs perfectly well with that disease, the support groups even say it should allow a near normal working life with certain steps.

Then we get some people piping up with poor and churlish comments when someone suggests that someone might not have a 100% correct claim. Leave it out! If you disagree remain polite, only shows your lack of intelligence by reverting to swearing at people!

Honestly, these forums can help and should, but not EVERY illness is a disability, I wish people would stop trying to make everyone into one.

Brassedoff

dizzy-di wrote: »

Well she rang the ESA again today to ask about the assessment rate whilst waiting for the appeal to be heard. They said it only applies if appealing a medical decision - so is not payable in this case.

So she cant work, cant get JSA, as not fit for work, and now cant get ESA because of a wrong decision!!!!!!

What is a person to do in this case, luckily as i have said before she lives with us, but she is a 24 year old woman, who needs some form of income.

She would love to be able to go back to work, she has worked full time since school, until she became ill.

It appears to me you have to be full of all the tricks and know how the system works nowadays, some people get everything paid for - it just doesnt seem fair, i am seeing her go through this trauma each and every day, and if it was something within her control, she sure wouldnt be living like this.

No, just get your sick note in on time, then at least try to sort the date out for the medical. Do you honestly expect not to have benefit paid without ticking the boxes required. They are afterall not unreasonable, are they?