Scored 0 points at medical assessment

troyster_2

I've been claiming Contribution Based ESA at assessment rate since September 2011, backdated to June 2011. So with the welfare reforms I will only be able to claim until June 2012 anyway.

Dunroamin

bluebird wrote: »

I Feel for you Troyster,this smells of bullying on their part...find a weak subject and get them signed up as fit to work,another number off their list,wonder what this weeks quota was?
.

Increasing the jobless figures is hardly the number one aim of government.

rogerblack

boobies wrote: »

Strictly speaking, you can claim JSA. The DWP have declared you fit for work, so they cannot turn down a claim for JSA on that basis.

This is not correct.
The conditions for being able to claim JSA are not the same as for not being able to claim ESA.
You can be fit for work according to ESA, and unfit according to JSA.

What happens in these cases at the moment is generally that the appeal has taken so long, the claimant can simply re-claim ESA again.

leveller2911

bluebird wrote: »

I Feel for you Troyster,this smells of bullying on their part...find a weak subject and get them signed up as fit to work,another number off their list,wonder what this weeks quota was?


Just out of interest do you know Troyster personally?.If not how can you post the above opinion when you don't know their personal circumstances...

The OP may well be genuine but there is a large minority of people receiving disability benefits who are undoubtably fit to work but choose not to.

dookar

rogerblack wrote: »

This is not correct.
The conditions for being able to claim JSA are not the same as for not being able to claim ESA.
You can be fit for work according to ESA, and unfit according to JSA.
.

Nope, the secretary of state has decided a person is fit for work, that same secretary of state cannot at the same time decide the same person is unfit for work

Muttleythefrog

dookar wrote: »

Nope, the secretary of state has decided a person is fit for work, that same secretary of state cannot at the same time decide the same person is unfit for work

Well technically ESA never finds someone fit for work as such.. just that they do not have sufficiently limited capacity for work. A person will only get JSA if they meet the terms and cons for JSA. Many find they cannot meet a jobseekers agreement or struggle to even attend fortnightly signing on. Many people get caught in this trap and as a result get conflicting advice from DWP staff or fraudulently claim JSA.

dookar

Muttleythefrog wrote: »

Well technically ESA never finds someone fit for work as such.. just that they do not have sufficiently limited capacity for work. A person will only get JSA if they meet the terms and cons for JSA. Many find they cannot meet a jobseekers agreement or struggle to even attend fortnightly signing on. Many people get caught in this trap and as a result get conflicting advice from DWP staff.

You're right, I should have said 'found not to have limited capacity for work' but the point remains.


The guidance is clear - JSA DMs are not experts in capacity for work, if they cannot decide that issue they refer to an ESA/IB DM - who have already said there is no limited capacity for work

Muttleythefrog

dookar wrote: »

You're right, I should have said 'found not to have limited capacity for work' but the point remains.


The guidance is clear - JSA DMs are not experts in capacity for work, if they cannot decide that issue they refer to an ESA/IB DM - who have already said there is no limited capacity for work

Yeah but I think the point is that JSA will tie you up to certain conditions.... if you cannot meet them then you are not entitled to JSA.

rogerblack

dookar wrote: »

You're right, I should have said 'found not to have limited capacity for work' but the point remains.


The guidance is clear - JSA DMs are not experts in capacity for work, if they cannot decide that issue they refer to an ESA/IB DM - who have already said there is no limited capacity for work

I've read through the JSA conditions of entitlement once or twice.
Nowhere have I found that someone determined to not have limited capacity for work for ESA purposes is to be treated as if they are capable of work.

There is guidance that the decision makers should 'apply the tests of incapacity as in IB claims'

(20988 in http://www.dwp.gov.uk/docs/dmgch20.pdf )

But this specifically does not say they must use (assuming the legislation has in fact been amended to 'ESA claims') the result of the ESA test.
'as in IB claims' cannot IMO be read as 'of a recent IB claim'. It would seem to require specific wording if this was the intent, as the condition of people change, and the decision to refuse ESA may be several weeks or months ago, and if fitness for work is to be assessed 'as of IB claims' - this would be, as it is for IB, fitness at a given point in time when the claimant is applying for JSA, or their claim to JSA is being reviewed, not an earlier point in time when the IB claim (ESA now) was refused.

This means that if the JSA DM considers that the claimant would pass the ESA test (which they are not expert in), they can refuse JSA.
The claimant then would have to apply for ESA again - which they may not be eligible for, due to 6 months not having elapsed since their last determination of LCW.

Similarly, a JSA determination of LCW does not count as valid for ESA.

This is actually happening - people are getting refused a claim of JSA made after an ESA failure.

sunnyone

troyster wrote: »

After waiting 7 weeks, I've found out that I scored 0 points at the Atos medical so I've been denied my claim for ESA. I was expecting it after reading everyone stories, but I feel so sad that I went through the trauma of the medical and the nurse found me fit for work and thought I was lying or exaggerating. I don't think I can face an appeal.

You cant know that they thought you were lying or exaggerating until you read the report from the assessment, its easy to find out just ask for the report and then decide what to do when you have all the facts.

Just before christmas I helped someone who initially felt like you do but once she read the report of the assessment she decided to fight it because the report was a pack of lies.

If it is a pack of lies it can also follow you around if you dont dispute it now.