Incapacity benefit, esa assessment!

blondee55

Thanks MTF, much appreciated.

anteena1

just had a phonecall to say i have been declared fit to work after my medical. i have told them i want to appeal but i am not sure if i can. I was honest at the medical my illness is mental health and i do have good and bad days i just dont know when its going to happen and take each day as it comes. If i am forced back to work would it be every day or will they make allowances for my bad days? also as i suffer sleep aponea what happens if i fall asleep on the job? i would in truth like to work a little as i think it will help but i am scared about the days when i cant cope. is it possible to get work that i can do at home so i dont have to interact face to face

Torry_Quine

anteena1 wrote: »

just had a phonecall to say i have been declared fit to work after my medical. i have told them i want to appeal but i am not sure if i can. I was honest at the medical my illness is mental health and i do have good and bad days i just dont know when its going to happen and take each day as it comes. If i am forced back to work would it be every day or will they make allowances for my bad days? also as i suffer sleep aponea what happens if i fall asleep on the job? i would in truth like to work a little as i think it will help but i am scared about the days when i cant cope. is it possible to get work that i can do at home so i dont have to interact face to face

You will have a month from the date of the letter telling you haven't got enough points to receive ESA. While appealling you will continue to get ESA at assesement rate and must send in fit-notes.

If you fail then you will have to apply for JSA.

lily1955

Sorry to hijack the thread:o But can anyone confirm that I cannot reapply for ESA while living abroad in another EU country. I was also IB long term, failed atos medical and then lost appeal. Have posted this question on the forum but thought someone on here could confirm what i have been told. I have trawld the net but cannot find a definitive answer about it.

anteena1

i know i can appeal but what i mean is if i am forced to work, ie get jsa will i have to work everday do they take into account that there might be days i cant?

Torry_Quine

anteena1 wrote: »

i know i can appeal but what i mean is if i am forced to work, ie get jsa will i have to work everday do they take into account that there might be days i cant?

No-one can force you to do anything. You should be able to see an advisor who deals with the disabled and between you come up with an agreement which fits with your problems. To get JSA you have to be available for full-time work ie 30 hours + per week and do it regularly like everyone else.

miduck

lily1955 wrote: »

Sorry to hijack the thread:o But can anyone confirm that I cannot reapply for ESA while living abroad in another EU country. I was also IB long term, failed atos medical and then lost appeal. Have posted this question on the forum but thought someone on here could confirm what i have been told. I have trawld the net but cannot find a definitive answer about it.

Answer on other thread is correct.

anteena1

i cant guarantee i will be able to work 30 hrs a week, so if i dont qualify for jsa but they dont agree with my appeal as they say i am fit to work, does that mean i will get nothing? there will be days i might be able to work but i wont know until the day.

Torry_Quine

anteena1 wrote: »

i cant guarantee i will be able to work 30 hrs a week, so if i dont qualify for jsa but they dont agree with my appeal as they say i am fit to work, does that mean i will get nothing? there will be days i might be able to work but i wont know until the day.

Yes sadly that is correct. If you are deemed inelegible for ESA but are then unable to fulfil the requirements for JSA you would get nothing!!

If you cannot regularly work then I hope that your ESA appeal is succesfull

bikeit

The other half just received her letter telling her that the appeal date is the 16th Jan,she went to the local CAB office and the person who deals with all these issues wrote to the dept asking for the appeal to be overturned as she has recently had surgery and still has not fully recovered, but this has been turned down and the date stands now the lady at the CAB cannot go with her to the appeal hearing, any advise please?