Failed IB. Failed ESA. Now what?

coin_operated_girl

Hello,

Back in Nov 2010 i had an IB assessment which i failed and im appealing, so went on ESA. A few weeks ago i had an ESA assessment which i also failed. I was just wondering if there is any point in me appealing the ESA decision as well as going through an IB appeal? I feel like when i go to the tribunal i will win the appeal (assuming they would actually look at my medical evidence for once), so presumably if i did win the IB appeal and i appealed against the ESA decision and also won, i wouldn't be back dated for both benefits?

Its looking like i am going to have to go on JSA (i understand i could go on IS at a reduced rate, which i dont think i can afford). In June i have a 3 week holiday booked abroad. This was all booked and paid for a while ago. Travelling makes me really ill so i had planned to spend a few days travelling/resting to get to the airport and back, so i will be away from my home town for about 4 weeks in total. Im guessing that i cant claim JSA for this time? Would i still be able to claim for HB?

...and before anyone starts having a go, i'm not paying for a single bit of this holiday, my parents are paying for me as my sister is getting married abroad.

Many thanks

rogerblack

coin_operated_girl wrote: »

Hello,

Back in Nov 2010 i had an IB assessment which i failed and im appealing, so went on ESA. A few weeks ago i had an ESA assessment which i also failed. I was just wondering if there is any point in me appealing the ESA decision as well as going through an IB appeal? I feel like when i go to the tribunal i will win the appeal (assuming they would actually look at my medical evidence for once), so presumably if i did win the IB appeal and i appealed against the ESA decision and also won, i wouldn't be back dated for both benefits?

Neglecting the holiday bit, as I'm not sure of the rules then.
The ESA and the IB award are completely seperate at the moment as I understand it.

If you appeal the ESA now, (assuming a few weeks is under 30 days from the date of the decision) then you will be paid at the ESA assessment rate (65/week?) until the appeal is decided.

If the IB appeal is found in your favour, then as I understand it, it's possible for them to either put you back on IB, in the same position you were in, after having cancelled the ESA award.

Or, if your ESA appeal has been successful at this time, I think they can also leave the ESA decision to stand, and leave you on ESA.

Pretty much the same happens with your JSA award, if you get it.
But.
To get JSA you need to sign a jobseekers agreement, which you can't legitimately do if you are incapable of work.
I'd appeal against the ESA decision.

coin_operated_girl

rogerblack wrote: »

Neglecting the holiday bit, as I'm not sure of the rules then.
The ESA and the IB award are completely seperate at the moment as I understand it.

If you appeal the ESA now, (assuming a few weeks is under 30 days from the date of the decision) then you will be paid at the ESA assessment rate (65/week?) until the appeal is decided.

If the IB appeal is found in your favour, then as I understand it, it's possible for them to either put you back on IB, in the same position you were in, after having cancelled the ESA award.

Or, if your ESA appeal has been successful at this time, I think they can also leave the ESA decision to stand, and leave you on ESA.

Pretty much the same happens with your JSA award, if you get it.
But.
To get JSA you need to sign a jobseekers agreement, which you can't legitimately do if you are incapable of work.
I'd appeal against the ESA decision.

This is what i was worried about. If i went on JSA i couldn't hand on heart say i was actively seeking work, because quite frankly i cant work, so whats the point.

Just so im clear, if i appeal the ESA decision i can stay on the assessment rate? Because i was on the assessment rate but today i got a phone call saying i failed the assessment and i would need to go on either JSA or IS...although the person i spoke to didn't seem to know an awful lot (he was unable to answer most of my questions) so maybe what he told me is incorrect.

Thanks for your quick reply

[Deleted User]

From what i understand you can stay on low rate esa while your appeal is heard, i cant see you being entitled to is unless you have young children.

I do have to ask how you can manage a holiday but cant do any work at all? Not even part time?

passatrider

camelot1971 wrote: »

I do have to ask how you can manage a holiday but cant do any work at all? Not even part time?

What business is it of yours may I ask?:(

Jowo_2

ESA is the replacement for IB - all new claims are now raised as ESA, so I'm not sure how you appeal a historic IB claim when its now been superceded by ESA but perhaps other more knowledgeable posters may know.

Around 40% of ESA appeals are successful. Get assistance in appealing it, such as CAB or similar.

krisskross

The choices open to the OP appear to be claim JSA or get a job.

ESA assessment is notoriously more difficult than IB so having failed both I would suggest there is a possibility that the OP really is fit to do some work.

welshmoneylover

coin_operated_girl wrote: »

Hello,

Back in Nov 2010 i had an IB assessment which i failed and im appealing, so went on ESA. A few weeks ago i had an ESA assessment which i also failed. I was just wondering if there is any point in me appealing the ESA decision as well as going through an IB appeal? I feel like when i go to the tribunal i will win the appeal (assuming they would actually look at my medical evidence for once), so presumably if i did win the IB appeal and i appealed against the ESA decision and also won, i wouldn't be back dated for both benefits?

Its looking like i am going to have to go on JSA (i understand i could go on IS at a reduced rate, which i dont think i can afford). In June i have a 3 week holiday booked abroad. This was all booked and paid for a while ago. Travelling makes me really ill so i had planned to spend a few days travelling/resting to get to the airport and back, so i will be away from my home town for about 4 weeks in total. Im guessing that i cant claim JSA for this time? Would i still be able to claim for HB?

...and before anyone starts having a go, i'm not paying for a single bit of this holiday, my parents are paying for me as my sister is getting married abroad.

Many thanks

So you've been declared fit for work

Have a lovely 4 week holiday :T

viktory

krisskross wrote: »

The choices open to the OP appear to be claim JSA or get a job.

ESA assessment is notoriously more difficult than IB so having failed both I would suggest there is a possibility that the OP really is fit to do some work.

I was trying to think of a nice way of suggesting that if the OP has failed all that she really must be good to go re work.

healy

Bunii_Hugz wrote: »

If you appeal the ESA you continue getting paid ESA until a decision is made, if its negative you need to re-pay all the money they paid you

And you cant claim JSA while you have an ongoing ESA appeal

1.They would not need to re-pay the money if the appeal is unsuccessful.

2.You can claim JSA whilst appealing an ESA decision.

alexjohnson

passatrider wrote: »

What business is it of yours may I ask?:(

Er, you ask on a public forum, I think you lose your right to be prissy about people enquiring into your circumstances.