Failed IB. Failed ESA. Now what?

cit_k

FTW wrote: »

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.

I agree.

I have heard many DWP staff give totally incorrect advise in person, but never to such a bad level as this...

Tehya

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.

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.

Arrhhhhggg see now you've gone and ruined my reasoning.

Oh well back to the drawingboard on that one.

PS: How can Jack stay on ESA assessment rate if deemed fit by his Dr/no fit notes? Ohhhh !!!!!!, I give up. :rotfl:

coin_operated_girl

Hi guys,

Ive just re-read the whole thread again. So from what i understand i can appeal the ESA decision and remain on ESA at the assessment phase. It has only just occurred to me that the person at the DWP told me my only two options were to go on JSA or IS because obviously they don't want me to appeal. I should be used to their sneaky tactics by now what with going through an IB appeal. I have decided i will appeal and i will not put in a claim for JSA. I do not believe i am fit for work (i recently tried voluntary work of a 3 hour shifts on a mon and a fri and had to give up after 3 weeks as i couldn't cope with it and had already missed two of the shifts due to illness), so i do not believe it would be honest or fair of me to put in a claim for it.

I was (perhaps naively) confident that i would win the appeal as i have plenty of evidence to support my case, but after reading how difficult it is to win im not so sure now, but i think its definitely worth pursuing and hopefully it wont be too difficult as i already have everything i need for the appeal because of the IB appeal.

The very first IB assessment i had i passed. Then the second IB assessment i had i failed (which is the one i am currently appealing). As far as i'm aware the onus is now on them to provide evidence that my condition has improved since my first assessment. Unfortunately my condition has gone downhill since the first assessment so it should be interesting to see their evidence that my condition has improved. The fact that there is no current cure for my illness and that it never gets better on its own and that medication does very little to help suggests to me that they wont have much of a case, but we shall see.

Once again many thanks for every ones help i appreciate the time you guys have taken to help me.

rogerblack

Tehya wrote: »

PS: How can Jack stay on ESA assessment rate if deemed fit by his Dr/no fit notes? Ohhhh !!!!!!, I give up. :rotfl:

The GPs 'fit note' is not actually required.
It's quite possible to be on ESA, if your GP isn't willing to sign you as sick.

It is of course a powerful bit of evidence, and you'd usually be worth trying to get another doctor if your case is strong enough for this to happen.

Addressing another point raised in the thread.

It's possible to be appealing ESA, while not being paid ESA.
Through either 'got better, but appealing decision for an earlier period',
appealing due to missing your medical, or other procedural errors that the claimant or DWP may make.

In the usual case - simply appealing a decision - if you haven't missed the medical, then as many people have said you get paid at the assessment rate.

Jowo_2

If you have care or mobility needs, then look at the Direct Gov website for the criteria for DLA.

cit_k

rogerblack wrote: »

The GPs 'fit note' is not actually required.
It's quite possible to be on ESA, if your GP isn't willing to sign you as sick.

It is of course a powerful bit of evidence, and you'd usually be worth trying to get another doctor if your case is strong enough for this to happen.

Addressing another point raised in the thread.

It's possible to be appealing ESA, while not being paid ESA.
Through either 'got better, but appealing decision for an earlier period',
appealing due to missing your medical, or other procedural errors that the claimant or DWP may make.

In the usual case - simply appealing a decision - if you haven't missed the medical, then as many people have said you get paid at the assessment rate.

Do you have a link to the legislation re the fit note not being a requirement during appeal? Normally they stop benefit payment if the fit note is not sent in.

nad1611

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

And I'm sorry to say that your comment is also misleading and could result in people not bothering to Appeal. There are also not enough available stats to show the success rate yet of Appeals according to The Benefits and Works Site

"The percentage of claimants who appeal a decision that they are capable of work is uncertain because the DWP only list appeals that have actually been heard, rather than including those lodged but not yet decided. But it appears that between one in three and one in four people found capable of work are challenging the decision via an appeal.
However,the success rate for these appeals is currently running at 39% or almost one in four.


So hardly the 9/10 cases you have quoted and rather misleading and seems your comments are rather far from the truth too.

nad1611

coin_operated_girl wrote: »

Hi guys,

Ive just re-read the whole thread again. So from what i understand i can appeal the ESA decision and remain on ESA at the assessment phase. It has only just occurred to me that the person at the DWP told me my only two options were to go on JSA or IS because obviously they don't want me to appeal. I should be used to their sneaky tactics by now what with going through an IB appeal. I have decided i will appeal and i will not put in a claim for JSA. I do not believe i am fit for work (i recently tried voluntary work of a 3 hour shifts on a mon and a fri and had to give up after 3 weeks as i couldn't cope with it and had already missed two of the shifts due to illness), so i do not believe it would be honest or fair of me to put in a claim for it.

I was (perhaps naively) confident that i would win the appeal as i have plenty of evidence to support my case, but after reading how difficult it is to win im not so sure now, but i think its definitely worth pursuing and hopefully it wont be too difficult as i already have everything i need for the appeal because of the IB appeal.

The very first IB assessment i had i passed. Then the second IB assessment i had i failed (which is the one i am currently appealing). As far as i'm aware the onus is now on them to provide evidence that my condition has improved since my first assessment. Unfortunately my condition has gone downhill since the first assessment so it should be interesting to see their evidence that my condition has improved. The fact that there is no current cure for my illness and that it never gets better on its own and that medication does very little to help suggests to me that they wont have much of a case, but we shall see.

Once again many thanks for every ones help i appreciate the time you guys have taken to help me.

That's what is so awful about this whole thing. People who are genuinely unwell, are already thinking they'll fail and/or are looking at the alternatives to claiming, when there's no way they can work. If you're not fit for work you Appeal.
While I'm here, why on earth shouldn't a person whose unwell have a holiday. For goodness sake, people cope year in year out with illness and now people question your right to have a break. You don't have to answer people's questions about your right to a holiday. It's the one thing that keeps me going knowing I can get away from these four walls for a couple of weeks and relax. You still take your illness with you but it somehow makes a bit more bearable.
Why anyone would say that if you're unfit for work you should be unfit for a Holiday is absolute nonsense. Psychologically I'd suffer if I didn't get away and I don't even have a Psychological illness.

Appeal and let us know how you get on and Good Luck.

coin_operated_girl

nad1611 wrote: »

That's what is so awful about this whole thing. People who are genuinely unwell, are already thinking they'll fail and/or are looking at the alternatives to claiming, when there's no way they can work. If you're not fit for work you Appeal.
While I'm here, why on earth shouldn't a person whose unwell have a holiday. For goodness sake, people cope year in year out with illness and now people question your right to have a break. You don't have to answer people's questions about your right to a holiday. It's the one thing that keeps me going knowing I can get away from these four walls for a couple of weeks and relax. You still take your illness with you but it somehow makes a bit more bearable.
Why anyone would say that if you're unfit for work you should be unfit for a Holiday is absolute nonsense. Psychologically I'd suffer if I didn't get away and I don't even have a Psychological illness.

Appeal and let us know how you get on and Good Luck.

Thank you. Your post made me smile. Its nice to know that some people recognise that although im on benefits i still deserve to have some quality of life and god forbid have some fun sometimes.

[Deleted User]

Just wanted to clarify - i wasnt saying people with disability cant go on holiday but plenty of people with disability work. Theres plenty of people with mental health issues work, and talking to those people who i work with who have mental health problems, being in work is a lifesaver for them.

I suppose my last thought is some people are quick to say what they cant do and refuse to look at what they can do.