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Failed IB. Failed ESA. Now what?

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  • Tehya
    Tehya Posts: 501 Forumite
    edited 5 April 2011 at 10:50PM
    healy wrote: »
    You are TOTALLY WRONG.


    You could claim JSA instead of ESA whilst appealing.



    My facts are correct - you are incorrect.

    I was unsure of this one have just realised how/where this may happen.

    Scenario - Jack is ill so gets assessment rate has a medical and gets turned down so goes to appeal.

    Jack is still on assessment rate as appealing.

    Before appeal Jack gets better so GP stops issuing Fit Notes so jack (now better) goes onto JSA.

    Jack is now on JSA but his appeal is still active and if he wins he'll get backdated money for ther period of his appeal.
  • Thanks for everyone's input in this it is such a complicated system I can see why people are getting confused.

    As for why I failed (ok so that's not the right word, it's just easier to type that "found fit/unfit for work") I have a rare neurological disorder. Most people haven't heard if it and most of those who have don't really know much about it. My GP does not see anyone else with my condition (I live in central London, so it's a very busy surgery) and won't even prescribe me my medication as she's so unsure about what dose to give me etc as she's never prescribed the medications I have to be on- although in her opinion I should not work, which she has based on what I tell her about how my contain affects me and what my neurologist says.

    Secondly, the assessments only allow for physical and mental conditions, my neurological condition does not fit into either of these categories. So yes I can dress myself and no I don't get anxious in busy places, but does that automatically make me fit for work? No.

    Thirdly, as the system doesn't allow for neurological conditions and as my condition is rare I have faced several problems in the assessments including one assessor making up I have anxiety issues to presumably fit me in to there programme without having to type anything up and the second assessor who couldn't even pronounce the name of my condition, so I'm skeptical that she even knows what it is.

    I have a letter from my GP saying that in her professional opinion I should only be assessed by a neurologist who specialises in my condition (neurologists who don't specialize in my condition do not know enough about it to treat me).

    I'm not even going to bother explaining why I'm going abroad. My sister lives in America with her fianc!. I can't help that they are getting married in America but I'm not going to miss her wedding even if it does mean spending the most of the 3 weeks alone in a hotel room, to ill to do much. I'm not sure how some if you can conclude going on holiday=fit for work. Other than the flights I won't be doing anything out there that I don't do in England.

    Finally, I'm 23 years old living the life of a 70 year old. My illness has ruined my life. I don't really have a life, I more just exist. I can't do anything without being in a lot of pain, extremely fatigued and getting ill. I find it incredibly offensive that some of you ate being so flippant about my post. I know you don't know me, but why post on my thread just to accuse me of being fit for work when you know nothing about my circumstances. I would like to think that some of you will feel slightly embarrassed or ashamed that you have been so rude and judgmental, but I'm sure I'm just wasting my time because as long ad you get your kick out of making fun of those worse off then it's all good, right?

    Once again, many thanks for those who have given me some much needed advice and those who have defended me, I vet grateful
    Knock me down I'll get right back up again, I'll come back stronger than a powered up Pac-Man
  • dookar
    dookar Posts: 1,654 Forumite
    Tehya wrote: »
    I was unsure of this one have just realised how/where this may happen.

    Scenario - Jack is ill so gets assessment rate has a medical and gets turned down so goes to appeal.

    Jack is still on assessment rate as appealing.

    Before appeal Jack gets better so GP stops issuing Fit Notes so jack (now better) goes onto JSA.

    Jack is now on JSA but his appeal is still active and if he wins he'll get backdated money for ther period of his appeal.

    Regardless of what his GP does, Jack is still appealing so he continues to receive ESA at assessment rate until the appeal is determined.

    I think, it's late.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    dookar wrote: »
    Regardless of what his GP does, Jack is still appealing so he continues to receive ESA at assessment rate until the appeal is determined.

    I think, it's late.

    Interesting point - I know of people who have chosen to stop claiming the assessment rate part way through their appeal and gone on to JSA instead (but continued to appeal the earlier decision). I'm not sure I agree that, if they are now fit for work, they could still continue to claim ESA as they would no longer be able to receive fit notes?
    Gone ... or have I?
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    FTW wrote: »
    Incorrect - who told you this?

    Healy and I are hardly on friendly terms, but he's right on both counts here - painful as it is to have to admit it.

    That is good of you - I mean that - and I have even given you a "thank you"!
  • dookar
    dookar Posts: 1,654 Forumite
    dmg24 wrote: »
    Interesting point - I know of people who have chosen to stop claiming the assessment rate part way through their appeal and gone on to JSA instead (but continued to appeal the earlier decision). I'm not sure I agree that, if they are now fit for work, they could still continue to claim ESA as they would no longer be able to receive fit notes?

    I did say "I think" :D

    It used to be that an appellant was treated as having LCW until the appeal was decided, my info might be out of date :)
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    dookar wrote: »
    I did say "I think" :D

    It used to be that an appellant was treated as having LCW until the appeal was decided, my info might be out of date :)

    I'm not sure either, and I daren't ask the question officially as it might give them ideas of another way to massage the claimant figures!
    Gone ... or have I?
  • FTW
    FTW Posts: 8,682 Forumite
    healy wrote: »
    That is good of you - I mean that - and I have even given you a "thank you"!

    Thanks duly reciprocated.

    Much as you and me have had our disagreements, it makes a nice change (and all too rare on these boards) that almost unanimous solidarity appears on a singular thread.

    The 'advice' that Bunii Hugz was giving was so irresponsible and flat-out wrong, it didn't even come across as well-intentioned.

    To me, it seemed as though it was deliberately intended to cause worry for the OP - and that isn't what the OP came here for.
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    edited 6 April 2011 at 12:11AM
    FTW wrote: »
    Thanks duly reciprocated.

    Much as you and me have had our disagreements, it makes a nice change (and all too rare on these boards) that almost unanimous solidarity appears on a singular thread.

    The 'advice' that Bunii Hugz was giving was so irresponsible and flat-out wrong, it didn't even come across as well-intentioned.

    To me, it seemed as though it was deliberately intended to cause worry for the OP - and that isn't what the OP came here for.

    It is even more worrying if in fact it was genuine and they do work for the DWP or an advice agency.
  • FTW
    FTW Posts: 8,682 Forumite
    healy wrote: »
    It is even more worrying if in fact it was genuine and they do work for the DWP!

    Nah, I doubt that it was genuine.

    I was once given four contradictory answers to the same question by four different DWP members, which is one of many reasons why my own view of the DWP is less than positive.

    But putting that aside, what was stated here was way too far out of left field even for them.
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