What to do? ESA appeal and now claiming JSA!

Tehya

A person was recently prosecuted, the thread is on these vedry boards, for telling the examiner how they were using only the bad days rather than their average day.

Try re-reading my post, I specifically said you can tell them about bad days but don't lie and say you are like that all the time.

Tehya

OP I really think you need some help from Wefare Rights or CAB as it sounds like you have been treated very unfairly especially being punished, sanctioned, for missing an appointment they had cancelled.

It looks like your husband has more than enough reason to be on ESA, have you also considered applying for DLA as from what you have described I would say he has both mobility and care issues.

Good luck with it, x

sunnyone

dooney wrote: »

My main worry is that if for some insain reason he is not eligible then how do we back date maybe an income support claim.... even though he is not fit for work - if they deem him fit for work then can we back date a JSa type claim? really confused with all the rules and regs but know that we have no money coming in and a husband who is very poorly!

dooney

He may fail the medical, even terminally ill people have failed.

You are not eligable for IS because your not in the prescribed groups, even if your husband was awarded DLA you could still not claim IS because the law allowing disabled people to claim it as a top up for IB or instead of IB if you didnt have the right NI contributions was repealed last year.

dooney

I'm now really confused

if he is refused the ESA and is told he is fit for work then what would be the next step?

sunnyone

dooney wrote: »

I'm now really confused

if he is refused the ESA and is told he is fit for work then what would be the next step?

He can appeal the medical results but because he missed a medical he might not get paid for the time waiting to get to a tribunal which could be up to a year which is why you really need to argue abut the missed medical.

Other than appeal the medical its JSA, there is nothing else available because he dosnt get DLA, if he did get it a middle/high DLA care you could claim IS as a carer.

sardine

melbi_uk wrote: »

Also, when asked questions talk only of his bad days, not the good days (if he is lucky enough to have good days)

Good luck

I have raised this question earlier this week, and it is quite clear that in carrying out that suggestion, you are supporting benefit fraud!

The assessment is based on a balance of bad, good and average days. Certainly not just on the bad days only. If your suggestion is accepted, then you are clearly guilty of allowing the DWP to believe that ALL of the days are bad!!

Please make it clear in your advice that you are required to explain ALL days, good, bad or indifferent!

morledge142

we are in a similar situation, i had car crash feb 2010 and suffer back, hip, wrist pains.

after 12 months of chronic pain been diagnosed fibromyalgai and have steriod injections to relive pain in hips/wrists.

anyway applied for dla and esa as we had not money and hubby had to go down to 3 days to care for me.

got turned down for dla first, asked them to look at again and got lrc for lack of use of hands/wrists. so going to appeal due may 2011.

claimed for esa but not entitled to any as not enough ni contributions and hubby earning too much. went for medical got 12 points for poor sstanding/walking any length of time but nothing for hand usage.

so if i add dla and esa together i would be perfect unfortunatley i have both cases at tribuna. in the meantime the only money we have is hubbys 3 day wage and my lrc.

since then we had to hand keys back on our house and move into rented as only beneifts we could get was housing and council tax on rented proprety but nothing on our home/mortgaged property.........stupid systems. so after 12 months we admitted defeat as we spirraled into debt awaiting tribunals for esa and dla.

my experience at esa mediccal - got the 12 points as said as could not walk far and turned up in taxi. was very emotional.weepy as they told me off for this. the letter said refund public transport but did not realise no taxi "don;t you think everyone would turn up in taxi if we paid":mad::mad::mad::mad:

then she asked what i did - nothing i cant walk far so don;t go out walking, visiting friends, socialising in too much pain whilst i learn to manage it/meds - now ok but not then - burst into tears again when i admitted how bad my lfie was :mad::mad::mad::mad:

still nothing for emotional levels. what do you do? go on the laptop whilst i homed ed my son - how long - 3/4 hours per day - not at once may i add and would kill wrists and i only read/research not sitting there typing.

regardless i got nothing for poor use of wrists/hands as could use a computer and sit down - it is to assess if you are fit for ANY work not your previuos etc.

not trying to dissappoint just be realistic and be prepared to fight a long time unless you are one of the lucky ones.

i am sorry to say the only thing that has saved us financially now is son (who was also in crash) was awarded dla so are incomings have gone up but if it wasn;t for him !!!!! you can see where it went anyway.

i got an interim payment from car insurance claim whilst solicitors fight it out for £2500, we have not had a car since either and used that for that, we were too poor to buy one and daren;t incase it broke down so relied on public transport. told solicitor but when finally moved he said" didn;t think things were that bad" so hassle car insurance/solicitor for money also if you get desperate.

but don;t rely on benefits as can take time if at all.

good luck............





so w

melbi_uk

Tehya wrote: »

A person was recently prosecuted, the thread is on these vedry boards, for telling the examiner how they were using only the bad days rather than their average day.

Try re-reading my post, I specifically said you can tell them about bad days but don't lie and say you are like that all the time.

Which is what I meant.

I don't agree with telling lies to claim any benefit, or any money for that matter.

I don't agree in saying you are like that all the time, but if you are like that 4/5 days a week then that is the majority of the time.

The OP had already mentioned the pain her OH was in so I wasn't telling her to lie.

At my assessment I was asked about watching TV, I mentioned I had watched a film some weeks ago and although my mind kept drifting off I did watch most of the film, the assessor then said, 'but that would have been on a good day'. Then asked if I could manage to watch a film on a bad day.

The assessor's words, not mine.

melbi_uk

sardine wrote: »

I have raised this question earlier this week, and it is quite clear that in carrying out that suggestion, you are supporting benefit fraud!

The assessment is based on a balance of bad, good and average days. Certainly not just on the bad days only. If your suggestion is accepted, then you are clearly guilty of allowing the DWP to believe that ALL of the days are bad!!

Please make it clear in your advice that you are required to explain ALL days, good, bad or indifferent!

I am very lucky if I have a good day.

I didn't just discuss bad days neither, whenever I mentioned something I had done or could do the assessor was the one that said 'that would have been on a good day'.

FTW

I'd certainly urge the OP that her husband should audio-record the assessment - it's excellent evidence if Atos draw up an inaccurate report, which is certainly possible.

If he does, he'll be in a much stronger position to appeal what Atos claim he stated during the assessment, on which they base said inaccurate report.

But it should be done secretly (mobile in a shirt pocket would do the job) - and there is no requirement for him to tell Atos he's doing it. Indeed, he should never reveal this to Atos at any stage.

Atos will refuse to proceed with the medical if they know he's recording it - but that doesn't mean that the patient is bound by Atos rules, or that he has any obligation to obey them. For one thing, he doesn't work for them.

The exact point to use said recording will be when the Tribunal Service gets involved, and he should submit the recording and a transcript of what was said - as well as much medical evidence he can obtain from his doctors/specialists.