What to do? ESA appeal and now claiming JSA!

NASA_2

None of that is relevant to what I said.

An initial appeal against a decision is payable while the appeal process goes on. If the tribunal disallow the appeal then of course the money stops as the claim is no longer under appeal. I would have thought that went without saying.

A second appeal, against the tribunal decision, is not payable. I never said it was.

So I still dont understand why you are taking issue with my initial post. What I said was correct.

rogerblack

NASA wrote: »

None of that is relevant to what I said.

An initial appeal against a decision is payable while the appeal process goes on. If the tribunal disallow the appeal then of course the money stops as the claim is no longer under appeal. I would have thought that went without saying.

A second appeal, against the tribunal decision, is not payable. I never said it was.

So I still dont understand why you are taking issue with my initial post. What I said was correct.

I was addressing the particular case - where there was a missed medical.
In this case, there would be no money paid unless the appeal was won.
I see now you'd misread the thread, which was where the confusion came about.

NASA_2

rogerblack wrote: »

I was addressing the particular case - where there was a missed medical.
In this case, there would be no money paid unless the appeal was won.
I see now you'd misread the thread, which was where the confusion came about.

I didnt misread the thread.

The OP (Or her partner) missed a medical.

They then made a new claim, quite rightly the claim has not been accepted pending attendance at a new medical.

The OP asked what would happen if the medical led to a disallowance due to low score.

The disallowance due to low score would be an appealable decision. An appeal against such a decision allows for ESA to be awarded pending decision at tribunal.

The OP if they wanted to, could appeal against the disallowance due to non-attendancce, make a new claim and be disallowed due to low score at the medical, appeal that decision and be payable and have two appeals going at once. One payable the other not.

dooney

Hi everyone, here's an update, my husband had his ESA medical last week, I went along to share the experience! Today we have received their decision and he has scored 0, unbeliveable!!!! A Registered Nurse was the examiner, I find the whole system ridiculous I am so angry and annoyed. We are going to write away for the report so we can take it to tribunal. My husband has also had results from MRI and surgery is needed, so now awaiting consultant appointment, in addition to this an MRI scan has been requested for his spine.

mrsfletch_2

There is a mismatch between the ESA application form and the questions typically asked at an assessment.

The form gives you the opportunity to distinguish between bad days and good days, the assessors typically ask about 'average days', because that is what their computer system leads them to ask.

Therefore you should tell them there is no such thing as an 'average day' and tell them what bad days are like, what good days are like and the proportion of good:bad. That isn't lying. If bad days way exceed good then you are perfectly entitled to say so and the assessor is duty bound to record what you say, not as many of them appear to do, to 'interpret' what you say to try to fit a system that is aimed at finding you fit to work.

My information is that ATOS assessors are paid additional bonuses if they find you fit to work and nothing if they award you enough points not to be fit. I asked at my last assessment if this was true. The assessor went bright red and refused to comment. Well that is answer enough I think!

In my case, with depression, it is very hard to remember the good days anyway, the perception is that all days are bad, and some are extra bad.

Trying to put a little humour on it, a good day is a biscuit with a cup of tea, a bad day is half a packet of biscuits, an extra bad day is tea, a whole packet of chocolate biscuits and too upset and miserable to even think of making a proper meal all day.

dooney

Hi, just an update, we are appealling ESA but my husband now has to claim for JSA. What will happen if he wins his appeal.

Cpt.Scarlet

dooney wrote: »

Hi, just an update, we are appealling ESA but my husband now has to claim for JSA. What will happen if he wins his appeal.

Don't understand why your husband has to claim JSA, as you should be eligible for the ESA Assessment rate while you are waiting for the Tribunal, this is paid at the same rate as JSA so there is no monetary advantage and a lot of technical ones, like having to look for work.

dooney

Hi, thanks for your reply. My husband is not entitled to ESA due to missed earlier medical.

Cpt.Scarlet

Thanks for the update. If you win the appeal, then you should receive the difference in payments backdated to the beginning of week 14 of the claim.

As an aside, as your husband has not been found fit for work following a WCA, you should be able to re-claim ESA immediately, although you won't receive any payments until a Decision has been made following him arrending a medical.

diolch

Cpt.Scarlet wrote: »

Thanks for the update. If you win the appeal, then you should receive the difference in payments backdated to the beginning of week 14 of the claim.

As an aside, as your husband has not been found fit for work following a WCA, you should be able to re-claim ESA immediately, although you won't receive any payments until a Decision has been made following him arrending a medical.

That answer has me confused never mind the OP!