Failed ESA medical - going onto JSA - do they link???

groke

Hi everybody,

I started claiming ESA late last year due to Avoidant Personality Disorder and general problems with depression and anxiety but failed the medical with 0 points.

I got a bit depressed when I found out the results of the medical and buried my head in the sand a bit. So I haven't had any income at all for the past month.

From what people have told me online, if I contest the decision I'd stand a good chance of getting it overturned, but it seems like such a horrible, embarrassing process so I think I'd rather just go onto Jobseekers Allowance (even though I know I'm not fit for work)

But I have 3 questions, really:
- Will my ESA claim be linked to my JSA claim, meaning that I can have fewer weeks on JSA before I get pushed onto one of those horrible "gateway to work" courses?
- Is there any way I could get any money to cover my outgoings for the past month? I've literally had no money coming in and I'm well and truly into the overdraft now. If I appeal against the ESA decision, will I be paid the assessment rate from the date it stopped (exactly a month ago)?
- Is it too late to appeal against the ESA decision?

Thanks for any replies.

EDIT: Also, I notice on the online JSA application form that it asks "Are you claiming Jobseeker's Allowance because Employment & Support Allowance stopped since 9 February 2011?" - why does it ask this?

dmg24

I am sure you will get more help if you deleted the second paragraph!

groke

Thanks, I've deleted it now. But I'll bet that I get at least one person putting their oar in now, just to make me feel bad.

dmg24

Try not to think like that - people were very helpful to you last time you posted, and most people will only 'put their oar in' if you give them reason to (like judging them before they have even replied!).

In answer to your questions:

Your ESA and JSA *may* be backdated if you give them good reason for not claiming/ appealing earlier. Would your GP/ consultant write a letter explaining how your condition would impact on this?

When did you get your ESA decision letter?

allen35

You have a month from the original decision to appeal and under certain circumstances longer as long as you can show good reason.

If you feel there is a chance you would win at appeal then appeal, you may go on to a lower payment whilst your appeal is being considered.

Seek assistance from a welfare rights service (CAB etc)

groke

Thanks for your reply And you're right - most people were very helpful last time I posted.

My ESA decision letter only came through a couple of weeks ago, but it was dated the 9th of February and it said I wouldn't be getting ESA from that date onwards. They sent it to my home address (where I have problems receiving post) instead of the correspondence address I gave them (my mum's)

I'm not sure about my GP. I could ask my old counsellor for a letter but I'm not sure if it would carry any weight (since she's private - I'm still waiting to see somebody on the NHS) and I really hate asking people for favours :-/

groke

Thanks Allen

But it's just (1 day) over a month now and I'm not sure if me just getting all depressed and burying my head in the sand would be a good enough reason for not appealing sooner. Or would it?

And if they won't backdate the payments to the date they stopped, I think I may as well just cut my losses and apply for JSA. It just seems really embarrassing, having to stand in front of a tribunal and answer all those personal questions...

allen35

You could use the posting reason too, but due to your mental health state and needing assistance with appeal it may be a good enough reason, they do tend to allow an appeal if a few days late.

If you sent it in tomorrow detailing why the decision is wrong and remember to give the reasons why it is late i'd expect it to be ok.

I'm not aware of any reason why they wouldn't then pay you from the original decision in Feb'.

If going down the JSA route you can appeal as well as claiming JSA whilst waiting for the decision on ESA and you won't/shouldn't be penalised.

As stated you may want to place a new claim for ESA.

Do get advice and help with this tomorrow from an advice agency.


Good luck with your decision making

NASA_2

JSA and ESA dont link for anything except waiting days and qualifying days in regard to SMI.