They Took My ESA Away

[Deleted User]

This time last year, after being on Incapacity benefit for 2.5 years, I received a medical and said I was fit for work. I never appealed it and just accepted the decision as never had the strength to fight anymore. So for the next 6 mpnths I was receiving JSA. I was advised by my social worker to reapply to the sick benefits and I was put on to ESA. Which I have been receiving ever since. 3 weeks ago, I went to a medical and was told today I no longer qualify for ESA and will have to claim JSA again.

Where do I stand here? Last Wednesday the doctor wrote me another 8 week sick line to send to the benefits office to keep recieving my ESA payments. Which I sent to them last week.

If my doctor says that I am not fit for work, how can they put me on JSA?

I suffer from tourettes syndrome and also have depression. Because of the depression, I drink heavily too. Thanks

rogerblack

Deleted_User wrote: »

If my doctor says that I am not fit for work, how can they put me on JSA?

Your doctor is not qualified to make decisions about your fitness to work (according to the DWP).

Your benefit will not continue if you just send in a medical certificate.
You need to actually appeal the decision in writing.

See this guide to appealing: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/BeginnersGuideToBenefits/DG_10013949

Gallstones

proving mental health conditions and how they affect you is very difficult with the dwp but don't give up - there is a website I signed up for benefitsandwork.co.uk it does rant on a bit but it is a goldmine for advice and how to get round the dwps trick questions at the medical. I understand how you feel about not appealing my wife has been there, but you need to get someone to help represent you

wiccanlou

Go to CAB, contact DIAL or as you have a social worker they should be able to put you in touch with people who can help you, this is their duty of care.

[Deleted User]

Thanks to everybody for their help and advice except for that one person.

Muttleythefrog

Yep sounds like you might be best to appeal this. But note you typically get only 4 weeks from the date of the DWP decision. It's very important you focus on the descriptors.... and if you can get supporting medical evidence... your GP sounds like they might be supportive.. perhaps they can provide some additional evidence. It's also important to recognise that the Work Capability Assessment (WCA) which you have 'fallen foul of' doesn't look at whether you can work or not... it's looking at the applicability of the WCA descriptors to your situation. With your continued use of sicknotes you should be able to get ESA at assessment rate while awaiting appealing... could take many months and DWP will first do a reconsideration to see if decision can be changed.

So first things first make sure you indicate to them in writing you are appealing - before deadline. Ask for statement of reasons for the decision if not already supplied and ask for copy of all the evidence including ESA85 (face to face ATOS medical report). With that evidence in hand and statement of reasons you can try to make a sound case and get evidence if you can.

[Deleted User]

Muttleythefrog wrote: »

Yep sounds like you might be best to appeal this. But note you typically get only 4 weeks from the date of the DWP decision. It's very important you focus on the descriptors.... and if you can get supporting medical evidence... your GP sounds like they might be supportive.. perhaps they can provide some additional evidence. It's also important to recognise that the Work Capability Assessment (WCA) which you have 'fallen foul of' doesn't look at whether you can work or not... it's looking at the applicability of the WCA descriptors to your situation. With your continued use of sicknotes you should be able to get ESA at assessment rate while awaiting appealing... could take many months and DWP will first do a reconsideration to see if decision can be changed.

So first things first make sure you indicate to them in writing you are appealing - before deadline. Ask for statement of reasons for the decision if not already supplied and ask for copy of all the evidence including ESA85 (face to face ATOS medical report). With that evidence in hand and statement of reasons you can try to make a sound case and get evidence if you can.

Thanks for the reply. There is one thing though. You mention about getting ESA at assessment rate while awaiting the appeal. I get the lower rate of £135 a fortnight. Is this what you meant? When I spoke to the woman on the phone today, she said if I appeal I would continue to get £135 a fortnight.

lemontree

Sparklebabey wrote: »

Surely you have that the wrong way round and it should be 'because I drink heavily I make my depression worse'?

Since alcohol is a depressant, maybe if you cut it out you would find the symptoms of your depression could be better managed.

Do you realise how angering it is to come on and moan that you can't get benefits, to enable you to get !!!!ed, when there are thousands of people out there - able bodied and disabled - working themselves worn out to provide for themselves? And if they are really lucky they can reward themselves with a cheap bottle of plonk at the weekend?

I too have reported your post!
Those of us who have never needed to claim Benefits due to ill health consider ourselves to have been very fortunate!!

Muttleythefrog

Deleted_User wrote: »

Thanks for the reply. There is one thing though. You mention about getting ESA at assessment rate while awaiting the appeal. I get the lower rate of £135 a fortnight. Is this what you meant? When I spoke to the woman on the phone today, she said if I appeal I would continue to get £135 a fortnight.

Sounds right. £67.50 x2
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171896

[Deleted User]

Does anybody know how long the Appeals take? I was originally told 10 weeks. I then called up after 11 weeks and somebody said that, I would defo have my decision with in 4 weeks time. I called up again 2 weeks ago and this time I was simply told "You should have a decision soon" Been sending in sick lines for 7 month now and my latest line is till December. But just curious to see how much longer this will take. Thanks

PippaGirl_2

I think the average wait for a Tribunal date is 6 months with many being 9 months so could be anytime before the end of the year I would think unless your area is particularly long

How are you doing?