Failed ESA claim won't convert to Job seekers?

dmg24

Anodyne wrote: »

But as an organisation, the DWPs bottom line is 'just go die in a gutter, and try not to make the place look untidy, thanks'.

You are being ridiculous now. Do you want help or do you just want a rant?

When were you being paid ESA until?

Anodyne

Anodyne wrote: »

The date of the ESA claim is from the 22nd August 2010 to yesterday, when I made the JSA claim.

I actually made the claim in October but it was backdated at the time to August because that's when I last received any payment.

But feel free to move along and spare yourself the ridiculousness.

allen35

Have you definitely appealed the decision (within 1 month of the original decision) or have you complained.


If a claimant claims JSA while waiting for a dispute or appeal to be heard, s/he must be available for and actively seeking work within her/his medical capabilities. Jobcentre Plus staff have been instructed not to turn such claimants away on the grounds of capability. Claiming JSA while challenging an ESA decision should not prejudice a claimant's case.

viktory

Anodyne wrote: »

But as an organisation, the DWPs bottom line is 'just go die in a gutter, and try not to make the place look untidy, thanks'.

Why don't you stop being childish and answer the questions raised? You might get the help you need.

Weetoes

Why should anyone be "bullied" into claiming JSA when they are deemed not fit to work by a doctor and a Psychiatrist at present I am in the same position my ESA stopped on the 15th Feb having only scored 6 points on their assessment which I feel doesnt take the effects of a mental illness into account, I put in an appeal and was told to apply for a crisis loan to tide me over I travelled 7 miles to collect the payment of £23 which has to last me a week before i can ask for any more....that is not even what the "Law" says I need to live on. Today I received a call saying my appeal was rejected there was not enough information as to why i felt their decision was wrong. I now have been in touch with my Cpn to get a letter written and have taken the fax number for D.w.p so they can fax the letter to them...throughout ive been told I can claim Jobseekers allowance I for one will not be bullied into Claiming JSA and saying im fit to work only to end back up in a hospital bed.

Larry22

Weetoes wrote: »

Why should anyone be "bullied" into claiming JSA when they are deemed not fit to work by a doctor and a Psychiatrist at present I am in the same position my ESA stopped on the 15th Feb having only scored 6 points on their assessment which I feel doesnt take the effects of a mental illness into account, I put in an appeal and was told to apply for a crisis loan to tide me over I travelled 7 miles to collect the payment of £23 which has to last me a week before i can ask for any more....that is not even what the "Law" says I need to live on. Today I received a call saying my appeal was rejected there was not enough information as to why i felt their decision was wrong. I now have been in touch with my Cpn to get a letter written and have taken the fax number for D.w.p so they can fax the letter to them...throughout ive been told I can claim Jobseekers allowance I for one will not be bullied into Claiming JSA and saying im fit to work only to end back up in a hospital bed.

Not that I'm any expert but firstly whilst waiting for an appeal you continue to get the basic rate of £65ish and secondly that seems very quick for an appeal decision! are you sure you appealed or just asked DWP to look at the decision again?

Anodyne

Without wanting to feed the trolls or respond to the guy with a sense of humour bypass...

I can confirm that the assesment rate is paid while an appeal is ongoing.

This is something I only just found out myself today. Apparently I was misadvised by the ESA helpline last week and should never have been pointed in the direction of JSA at all.

nobodyputsbabyinacorner

If you miss a medical assessment you will not be paid anything from ESA until you attend one and score enough points. If you missed your first one, and your reasons for missing it were not accepted, then this will be why you did not receive anything while waiting for the outcome of your appeal.

dreamylittledream

He should have appealed the decision and the ESA claim payments would have been backdated to the date he made the second claims (after his failure to attend the first medical and the claim was closed). If he lost at tribunal then that would be that and he would have to claim JSA. But he would have been paid the backdated part and the claim up to the date the appeal was struck out by tribunal (assuming of course he lost - people have been known to score 0 points at the ATOS medical and win an appeal). If we won the appeal then ESA payment would continue.

As it is he will be refused backdating on a JSA claim as he was not actively seeking work during that period.

Some poor advice given I'm afraid...perhaps it was not made clear that ESA payments are made at the assessment rate when you appealing a failure to score (but not a failure to attend a medical).

Weetoes

Larry22 wrote: »

Not that I'm any expert but firstly whilst waiting for an appeal you continue to get the basic rate of £65ish and secondly that seems very quick for an appeal decision! are you sure you appealed or just asked DWP to look at the decision again?

Hi Larry22
They sent me the decision letter with a reply sheet attatched they said it was to appeal their decision and thats what they refused everyones saying it was very quick. Yesterday I got a fax number for the D.s.s and my CPN kindly got a letter faxed to them and Ive now heard this morning it looks like the decision may be overturned or it will go to a hearing. Still waiting on confirmation from D.SS though. When I put in the letter of appeal I was told they only way i could get any money was to apply for a crisis loan.:sad: