Appeal or new claim

doggle_2

I get JSA at the moment, and in the past have claimed ESA. I am one of those 'inbetweeners' it seems, too fit to get ESA but too ill to claim JSA.

Anyhow, I have made two attempts to get ESA but the medical is always a fail. Then I go back onto JSA for 6 months and try again.
My current 6 months on JSA is coming up and I would love to be on ESA. I just can't cope with everything that they throw at me at the jobcentre, do this do that, and I don't like the way they talk to me either.

My only problem is I could not face having to go to an appeal, so I never appealed against the 2 ESA refusals.

Does anybody know what I should do at the next medical? Is there some words or something that would get me through it?

I have a current sicknote, I still get them from the doc even though I am claiming JSA, but I keep that bit quiet as I don't want to end with with neither and no money.

I just thought, how do you get this dla, that would suit me as well just so that I can get a bit extra money. Things is tight at the moment with bills and I need a hoiliday of some sort. Just a cheapy, a last minute bargain Spain or something.

Muttleythefrog

I think if they give you a face to face medical... which is highly likely... then you need to be switched on to conveying the information that will meet the relevant descriptors. So my advice.. get very clear what descriptors apply... ensure ESA50 is consistent... get any supporting medical evidence you can for your health problems and ideally such that supports the claim of particular descriptors applying. It's worth having a good read of the DWP WCA manual and getting some idea how to convey your medical conditions at medical - sadly you might have to do a bit 'signposting' if they're mental health related.

I think you have to consider appealing in future... I'd be surprised if you found appeal worse than face to face medical since at appeal (if you attend as ideally you would) they're a neutral panel rather than a dodgy HCP. You seem to have no issue getting the sicknotes which would likely ensure you get ESA assessment rate while awaiting appeal... and of course you won't be on JSA... something you seek to avoid.

If you find you don't meet the descriptors in such a way that you would be entitled to the main phase of ESA then I think you might struggle.. I would assume you probably already have studied this matter and concluded you should get into WRAG or Support Gp but your opening paragraph suggests you may not have.

http://www.dwp.gov.uk/docs/wca-handbook.pdf

ETA. I see from another post that it is indeed mental health problems and you have access to MH team. I think you need to use that MH team to support your claim. They could be invaluable. What you could do is create a document with your details on.. name, address.. NHS No.. diagnoses... and the descriptors you think apply..perhaps treatment and prognosis... and see if they want to sign in agreement with it as if it is a personal statement by them... or perhaps they'd be open to amendments or negotiations on content. I'm trying to do similar regarding claiming DLA... my problem has been getting access to a MH professional suitable.. I think you are probably well placed. Such a document could be extremely powerful.. and worth sending in with ESA50 come that time. There's always scope for an unqualified HCP to make sweeping errors in a brief face to face medical... if you can put them on the back foot with diagnoses and relevant facts that they're in no professional position to dispute then you're limiting their scope for incompetence or politically motivated 'errors'... not to mention reducing the chances such a medical is required at all.

doggle_2

Thanks for your reply. I'm sorry but for most of it I don't understand a word of it.

I'm not a lawyer or soemthing

Besides which, I hav eenough problems trying to live never mind try and understand what the heck you are going on about

Muttleythefrog

doggle wrote: »

Thanks for your reply. I'm sorry but for most of it I don't understand a word of it.

I'm not a lawyer or soemthing

Besides which, I hav eenough problems trying to live never mind try and understand what the heck you are going on about

You don't need to be a lawyer. All I'm saying is ideally you need to understand how you will qualify for the benefit regarding the descriptors... if you're going to win a game it helps to know the rules. For the main phase of the benefit (the bit they test you for after about 3 months in the assessment phase) there are two groups... WRAG and Support Group. To get into this main phase you need to meet the criteria for WRAG or Support Group.

http://www.tameside.gov.uk/esa/wca (WRAG - score 15 points or more total)
http://www.tameside.gov.uk/esa/lcwra (Support Gp - if any statement applies)

In those two links are what we call the descriptors. So my advice to you is to first look at all the descriptors and judge which ones apply to you. Then you can fill in the ESA50 form come the time, approach any face to face medical, and try to collect supporting medical evidence to fit with what descriptors should apply.

If you're prepared to appeal (and attend appeal tribunal - better chance of winning and likely to take longer to be arranged) if things go wrong again then I suspect you'll not have to face JSA again. Appeals take so long to hear that your 6 months wait to make new claim for ESA will have likely elapsed. i.e. Worst case scenario... you fail every time and lose every appeal... you may still never have to claim JSA provided you can get sick notes (required to get ESA while appealing).

If there's anything you need further explained please ask. But you will have to make some effort... you're falling short in the system... so perhaps you need to understand that system better to get a fairer shot at it. Perhaps you'll have to take a decision... can you face an appeal tribunal (which is neutral... with only 2 member panel... a judge and a doctor or similar) once every 6 months to a year (likely at very worst.. and remember if you ever did succeed in getting onto main phase it is more money) or would you prefer to have the problems you're facing on JSA for several months of every year.

karenx

DLA is for care or mobility needs, which by sounds of it you wont get. And its not for extra cash for a week in spain when you are struggling to pay bills

doggle_2

karenx wrote: »

DLA is for care or mobility needs, which by sounds of it you wont get. And its not for extra cash for a week in spain when you are struggling to pay bills

What makes you say I wont get it? You have no idea what my problems are apart from the mental illness. That alone is bad enough.

I could do both if I had more money. Pay my bills and have a deserved holiday just to have a rest for a week or so.

You try claiming JSA, when every day you hope that they don't find me a job cos I can't work. Worrying that I get sanctioned because I am not well.

rogerblack

karenx wrote: »

DLA is for care or mobility needs, which by sounds of it you wont get. And its not for extra cash for a week in spain when you are struggling to pay bills

DLA does not have to be spent on care and mobility needs.

It's awarded for care and mobility needs.

It can be spent on whatever you like.

Muttleythefrog

karenx wrote: »

DLA is for care or mobility needs, which by sounds of it you wont get. And its not for extra cash for a week in spain when you are struggling to pay bills

We're talking about ESA... something completely different. But as you mention it, there's no evidence in the Ops posts to suggest they couldn't be awarded DLA. Mobility and care needs regarding DLA can arise from mental health problems... certainly low rate mobility and up to high rate care. How one would spend it is up to them.

cit_k

Think of an appeal as a natural part of the claim process, it is for many people.

[Deleted User]

karenx wrote: »

DLA is for care or mobility needs, which by sounds of it you wont get. And its not for extra cash for a week in spain when you are struggling to pay bills

how people spend their DLA or any benefit is ENTIRELY their decision and theirs alone !!!!!