Medical Failure, what now??

PrincessDonna2009

Hello Everyone

Well finally got my ESA Medical Assessment reuslts back and I failed, I only got 8 points and you need 15 points to pass, so I decided to put myself back on to JSA, in which I was advised to go on to Contributions Based JSA, that was over 3week ago and just got a letter through today stating I cannot claim for that because not got enough Class 1 Contributions to claim from, so they advise to go on to Income Based JSA....in which I know I will not get any money because my partner earns too much for their criteria lol

At the moment we only get £13 a week in working tax credits, can anyone tell us if our working tax credits will go up a little more, now I am not getting no income at all, here's out figures

2010-2011:

Partner Earned - £15,280
My taxable benefit's from ESA - £682.55

Our current situation:

Partner earns £15,500
I get - Income Based JSA (£0 Per week)

I have put these into working tax credits calculator and it says our award for 2011-2012 should be awarded at £4606

Does this sound right with our figures above?

If anyone can give us some advice, I am not moaning because my partner is earning some money, but we get no help with rent or council tax and like other people we have household bills etc....

Thanks

PrincessDonna2009

gerrygedder wrote: »

Hmmmmmm..........find a way to stand on your own two feet now that you seem to have exhausted every benefit possibility there is?

excuse me???????? exhausted every benefit going, you don't know my situation as you are a newbie....so keep your mouth shut if you haven't got any good advice to give!

Also before you go accusing people of exhausting every benefit going, you need to think before you speak because I have always worked up until 2009 when I feel ill and was told to go on to ESA, thank you very much with no fault of my own being ill.......

Cpt.Scarlet

Ignore them, they're a troll.

If your doctor is still willing to provide Fit notes and it is less than a month since yoiur received the decision letter, you can appeal your ESA decision, there should have been a pamphlet included with the letter.

While you appeal you are entitled to the assessment rate of ESA, you'll need to prepare a case, the CAB or Welfare Rights can help. You can get a copy of the ATOS medical report from the DWP by given them a call and you will have until a couple of weeks before your hearing to submut evidence.

PrincessDonna2009

I don't want to go through the stress of the appealing process and with me only getting the points I did how I am going prove I am not well enough to work, when they have clearly put me down even more now. is it worth it?

I have already signed off ESA now and closed down my claim, so I cannot appeal against it now....Can I?

Plus what evidence do i need if I was to appeal? I only attend the ENT clinc at the hospital once a month and awaitng a new dignosis of my condition...

Thanks

wild666

PrincessDonna2009 wrote: »

I don't want to go through the stress of the appealing process and with me only getting the points I did how I am going prove I am not well enough to work, when they have clearly put me down even more now. is it worth it?

I have already signed off ESA now and closed down my claim, so I cannot appeal against it now....Can I?

Plus what evidence do i need if I was to appeal? I only attend the ENT clinc at the hospital once a month and awaitng a new dignosis of my condition...

Thanks

This is what the DWP & ATOS want, you not to claim or appeal, get the appeal in (GL24 FORM I think) claim the assessment rate while you appeal also get a copy of your report and score sheet if you don't already have it.
read your report and see if there are any contradictions in the report and if there are use them in your favour. Don't let the tribunal ask questions about you being able to do things NOW as the appeal is about the time of assessment and it is known for the panel to ask if you can do that task NOW
Also don't agree to a tribunal at short notice.

Cpt.Scarlet

PrincessDonna2009 wrote: »

I don't want to go through the stress of the appealing process and with me only getting the points I did how I am going prove I am not well enough to work, when they have clearly put me down even more now. is it worth it?

I have already signed off ESA now and closed down my claim, so I cannot appeal against it now....Can I?

Plus what evidence do i need if I was to appeal? I only attend the ENT clinc at the hospital once a month and awaitng a new dignosis of my condition...

Thanks

I think you can re-activate the claim providing you do so within 4 weeks, but sooner is better.

Get the medical report, it will explain why you failed. Talk to the CAB or another advisor, they can help you with a submission and what evidence you need to provide.

The success rate for ESA appeals is about 40%, so they do get overturned. Even if you decide you can't do it, or that you can't win, there is no penalty, you cancel the tribunal at any time before the actual hearing.

healy

tartane wrote: »

That is what I said! Troll indeed!!

I think Cpt Scarlet was talking about gerrygedder and not you.

sunnyone

healy wrote: »

I think Cpt Scarlet was talking about gerrygedder and not you.

tartane is andy Healy.

welshmoneylover

sunnyone wrote: »

tartane is andy Healy.

I thought Andy was Gerry, or is he doing both?

sunnyone

welshmoneylover wrote: »

I thought Andy was Gerry, or is he doing both?

Andy is definatly tartane, gerry hasnt posted enough personel information to prove its andy or posted the tell tale scenarios that we see in every incarnation of andyandflo.

healy

sunnyone wrote: »

tartane is andy Healy.

Yes I did suspect that but I thought I would give them the benefit of the doubt and post anyway.