Life after ESA?

churchrat

Hi

I know a number of people on here have had, and failed esa medicals at atos. I am wondering what happens with benefits AFTER you have been told you can no longer claim esa and have been told to find a job.

My dd will have a esa medical appeal soon and I am sure that she will not be able to stay on the benefit because she looks and acts so well. (she is not well, but I have no doubt the muppets at atos will not understand this).

Any way__ what happens?

Do you go about getting a job in the "normal" way? Do you just say at interview "yes, I have been sick for my entire life/last two years/since adulthood etc and no I am not healthy now?"

What do you put in application forms and cv's?
Do you go to interviews in environments that could be unhealthy (for you, not the general public)

Are you censored by the job centre for not attending interviews because you are not well when you have been told by atos that you are fine?

What happens when the Dr still gives you a sick certificate?
Are there problems with insurance?

What are peoples experiences of finding work when they are still ill?

Are you censored because you are unable to use public transport but cannot drive to the nearest place of work. (My dd cannot drive and has an auto immune disorder, the consultant said being in any crowded place is a very bad idea.)

I have looked about the net and cannot find answers, so if anybody knows, or just wants to share, I will be grateful.

many thanks
churchrat

rogerblack

You cannot legally claim JSA if you do not state that you are available for work for a minimum of 16 hours a week.

Some people have been refused JSA, due to their illness.

Regrettably, there is no 'joined up' administration between JSA and ESA.

One can be unable to claim both, due to illness.

As it is at the moment, most people who have been refused ESA can turn around and re-claim it, simply as it's been over 6 months since their medical, and the appeal process takes over 6 months.

I question if - taken together - the JSA and ESA regulations are compatible with the human rights act - for those people that are legally entitled to neither.

churchrat

So, if you go to the job center and say that you have been told to sign on by atos, and then inform them that you are still receiving sick certs from the dr they refuse you jsa??

Do you know if that is anywhere on directgov or any official web site??

many thanks

murphybear5

Hi churchrat - did you ever get an answer about being told to sign on and at the same time getting medical certificates!

I wouldn't worry too much about attending job interviews - there are so few jobs around it is unlikely you will get one. I was on JSA for 6 months before I got my ESA approved (couldn't really say no as I had major surgery) and didn't get a single interview in spite of applying for many jobs.

Good luck anyway

formaldehyde_perfume

If someone goes to a medical and is found fit for work, they have the right to appeal this decision. It usually gives a bit of info about it with the letter but basically contact the DWP straight away and say you are going to appeal the decision, there is a form you need to send off too. Once they recieve that they will start giving you the 'assessment' rate of ESA (the same amount as job seekers for your age bracket) until the appeal is heard. Most appeals take at least 6 months, some people are lucky and get a decent decision maker 'reconsider' their claim and find in favour of the claimant. Whilst waiting for an appeal the claimant does not have to take part in any job seeking activities even though they are recieving the same amount of money as a job seeker.

If, at the appeal, the claimant is found to be fit for work then they are advised to claim job seekers allowance. However, as pointed out above, this is not always possible as you have to sign that you are fit to work for at least 16 hours a week. You can apply again for ESA, but the same situation can happen again (wait 13 weeks, have medical, declared fit for work, money stops, appeal, wait for appeal, still be declared fit for work).

LouiseTopp

atos are rigged to fail everyone...

rogerblack

LouiseTopp wrote: »

atos are rigged to fail everyone...

This is not true.
Do they make the wrong decision at times - yes.
Are there systemic problems in the system - yes.
On both of my medicals, I passed and was placed in the work-related group, and the medical report was reasonably accurate, based on the limited time the HCP had.

Parva

LouiseTopp wrote: »

atos are rigged to fail everyone...

Alluding to what roger said, that is a crass statement. I doubt anyone would agree that the system is pefect but similarly it is not set to auto-fail anybody that happens to be subject to it.