Letter about IB-ESA

shazajo

My partner got this letter yesterday stating that he will be getting a phonecall in the next 2 weeks regarding the changeover and about the questionaire he will be getting.
My question is if he gets sent for a medical and fails can we just cancel the claim altogether?, then me start a new claim for jobseekers in my name for both us?, the reason I ask is that all this stress is no good for him and I think I really need a job now as im cracking up

rogerblack

shazajo wrote: »

My partner got this letter yesterday stating that he will be getting a phonecall in the next 2 weeks regarding the changeover and about the questionaire he will be getting.
My question is if he gets sent for a medical and fails can we just cancel the claim altogether?, then me start a new claim for jobseekers in my name for both us?, the reason I ask is that all this stress is no good for him and I think I really need a job now as im cracking up

I'm assuming you are converting over from IB.
If he fails, he can appeal, (if you wish, you can handle this by being made his appointee), and will be paid assessment rate during the period of the appeal.

Assessment rate is the same rate as JSA.
You can seek work without being on JSA, and this may be a better way for you to go, unless you need the structure of the JSA regime to help you into work.

Appeals for ESA are at the moment averaging around 6 months.

KxMx

I'd say appeals are averaging a year, unless you happen to be in an area that is not absolutely snowed under with them.

dave030445

sorry to but in but why are there so many appeals surely something needs to be done like sack ATOS

rogerblack

ATOS isn't really the problem.
The problem is the way the test is designed, and the way it's administered partially by the DWP, and GPs misunderstanding of the criteria.

6 months was the average time for a case to be heard by the tribunal.
This will however include paper-based tribunals which can be heard lots faster, which will bring the time down.
It also neglects delays due to the DWP, the claimant, and the claimants GP.

I note that my DLA tribunal that I applied for in January 2010 was heard last month, they're sending a doctor out to assess me, and this, and the following delay till I'm re-seen is very unlikely to be under a year.

amus

If you wanted to do that you would be entitled to. If your partner is in receipt of DLA and you go onto IB JSA you would still qualify for a disability premium.