Failed IB. Failed ESA. Now what?

Tehya

I agree with roger, definitely appeal the ESA decision especially as everyone is going to end up on ESA anyway.

As roger has already mentioned your claim for JSA would not be legitimate if you're claiming whilst unable to work but if you feel able to work then yes JSA would be what you need to claim.

As far as a holiday on JSA you would have to sign off and thenmake a rapid re-claim when you come home as you'll be leaving the country. If the holiday was to be in Britain then I think (not sure about it being for 4 weeks though) as long as you can return at a moments notice then your JSA can carry on.


Good lord, it took me that long to type that you've already had half a dozen replies.

Tehya

[QUOTE=camelot1971;42596354
I do have to ask how you can manage a holiday but cant do any work at all? Not even part time?[/QUOTE]

It's a fair question but disabled people the world over go on holiday. My hubby is seriously ill and is in the support group he could though go on holiday (if we could afford it) with the right support but there's no way he could work, it's a totally different thing.

Some of the most disabled children I've ever talked too actually go surfing, look up Surf Dog Richocet, you'll be surprised.

My uncle went to Paris just 6 weeks before he died from Leukaemia so it can be done and still be entitled to benefits and not be able to work.

coin_operated_girl

So all of you people who are saying i must be fit for work can you kindly tell my neurologist and my GP that they are wrong (and have provided me evidence of this, but was clearly ignored by ATOS/ DWP) in saying i am unfit for work then as you guys clearly know better. Thanks.

Thanks to everyone who has given me advice, it is much appreciated

And yes, it is a fair question to ask how i can manage a holiday but not work. I am only going as it is my sisters wedding, i wouldn't go otherwise as i feel its a bit of a waste of money as i will be spending 90% of the time in my hotel room.

edit: oh and i passed my first IB assessment, so some people clearly think im unfit for work

Bunii_Hugz

healy wrote: »

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.

Please read if you are thinking of appealing ESA

Sorry to say but you are wrong healy and I'll explain why [I should know its my job]

1] ESA says to the customer "sorry you havnt passed your review and you are no longer entitled to ESA so your payments will stop" ... customer says "I disagree, I dont feel fit for work, I want to appeal" ... now of course this is fine and the appeal goes through 9 times out of 10 its another negative decision - the reason it is classed as an overpayment is because ESA have advised the customer isnt entitled to further assistance, the customer is the one who has disagreed, they continue to pay and if its negative again it further 'proves' their initial decision was correct hence its an overpayment and has to be re-paid

*if the customer then claims JSA they can request to backdate their JSA claim to the day after they last got paid ESA

2] And no you cannot claim JSA while appealing ESA - the customer is still getting paid ESA while appealing so why the hell would the government allow them to get paid ESA and JSA since one of them will have to be an overpayment - if the customer is so sure they arent fit for work by claiming JSA while appealing ESA totally contradics that

*And also ESA and JSA are held on different government services and only one can be 'active' at any one time to prevent fraud

Tbh your post is a tad reckless - please if you are claiming ESA and thinking of appeal totally disregard the comments made by healy they couldnt be further from the truth

alexjohnson

coin_operated_girl wrote: »

So all of you people who are saying i must be fit for work can you kindly tell my neurologist and my GP that they are wrong (and have provided me evidence of this, but was clearly ignored by ATOS/ DWP) in saying i am unfit for work then as you guys clearly know better. Thanks.

Thanks to everyone who has given me advice, it is much appreciated

And yes, it is a fair question to ask how i can manage a holiday but not work. I am only going as it is my sisters wedding, i wouldn't go otherwise as i feel its a bit of a waste of money as i will be spending 90% of the time in my hotel room.

Doctors assessing benefits are subject to the same professional and ethical obligations as any other doctor, including one's own GP. That's not to say they can't be wrong, and they may have certain views, but they do not have an "agenda." You have supplied the information that two of these assessors have found you able to work, and the fact that you can put yourself through some budget airline ordeal which - and I am only half-joking - stresses the most mentally strong of us. You say it's a waste of money, not that you feel some kind of family bond that's so strong as to risk your health. Maybe I - and the other posters - are reading between the lines, but these are lines you've written: no one is putting words in your mouth (to mix metaphors).

As Teyha has noted though, the mere fact of a disability obviously shouldn't stop people having a holiday. But as a taxpayer you are damn right that I don't want to pay you JSA when you should be looking for a job: you are either job-seeking, or you're not.

Tehya

Coin Girl, try and not take it too much to heart people don't always realise unless we try to explain it to them. Work and holidays are miles apart, for one you're not tied down to someone elses schedule but rather you can do just like you do at home and go to sleep for 12 plus hours after a little walk round the shops, well that's what happens to my husband.

When I last took him to the cinema even sitting in the comfy disabled area (bigger chairs, more legroom etc) he still fell asleep about a third of the way thorugh so we don't bother going any more. It would be the same on holiday, I'd get him there but we'd do very little but it doesn't stop you still wanting to go.

Good luck with you appeal/s. Gather as much evidence as possible, keep a diary and ask people involved in your care for witness statements.

Mojo_Fones

My wife is a nurse, she works in a facility that cares for people with brain injury, dementia, Huntington's, and learning disabilities. A couple of them have little 'jobs' like making greetings cards but nothing like going to work. They all (mostly) have holidays so it is entirely possible to do so even though you're not fit for work. Soon we'll be told that so long as we can breathe we can get a job filing balloons.

healy

Bunii_Hugz wrote: »

Please read if you are thinking of appealing ESA

Sorry to say but you are wrong healy and I'll explain why [I should know its my job]

1] ESA says to the customer "sorry you havnt passed your review and you are no longer entitled to ESA so your payments will stop" ... customer says "I disagree, I dont feel fit for work, I want to appeal" ... now of course this is fine and the appeal goes through 9 times out of 10 its another negative decision - the reason it is classed as an overpayment is because ESA have advised the customer isnt entitled to further assistance, the customer is the one who has disagreed, they continue to pay and if its negative again it further 'proves' their initial decision was correct hence its an overpayment and has to be re-paid

*if the customer then claims JSA they can request to backdate their JSA claim to the day after they last got paid ESA

2] And no you cannot claim JSA while appealing ESA - the customer is still getting paid ESA while appealing so why the hell would the government allow them to get paid ESA and JSA since one of them will have to be an overpayment - if the customer is so sure they arent fit for work by claiming JSA while appealing ESA totally contradics that

*And also ESA and JSA are held on different government services and only one can be 'active' at any one time to prevent fraud

Tbh your post is a tad reckless - please if you are claiming ESA and thinking of appeal totally disregard the comments made by healy they couldnt be further from the truth

1. You are wrong - check the regulations.

2. I did not say they could claim both but they can claim JSA whilst appealing OR they can claim ESA.

MY post is not reckless - it is correct - unlike yours.

*Please ignore this poster as they do not know anything about their job and are incorrect.

Bunii_Hugz

healy wrote: »

1. You are wrong - check the regulations.

2. I did not say they could claim both but they can claim JSA whilst appealing OR they can claim ESA.

MY post is not reckless - it is correct - unlike yours.

*Please ignore this poster as they do not know anything about their job and are incorrect.

Trust me you are wrong but think what you want ... your post just made me want to :wall:

But for the record no you cannot claim JSA while you have an appeal in for ESA because to appeal ESA it still has to be active and in payment

healy

Bunii_Hugz wrote: »

Trust me you are wrong but think what you want ... your post just made me want to :wall:

But for the record no you cannot claim JSA while you have an appeal in for ESA because to appeal ESA it still has to be active and in payment

People who appeal an ESA decision and fail at the appeal DO NOT have to pay the ESA money back - YOU ARE WRONG.

People can claim JSA whilst appealing ESA.