benefit adviser told me to go to CAB!

Indigo_Moon

In a nutshell,was receiving ESA due to long list of ailments(angina,underactive thyroid,polymyalgia,cervical spondylosis,temporal arteritis and carpal tunnel syndrome) medical said i was fit for work,even though they admitted they dont know what job i could do,and so when it went to appeal lost,surprise,surprise! I would love to work and had worked for 24yrs in the NHS until 2yrs ago but physical factors are against me now.Advised to sign on for JSA but when i went and they saw i had a sick note for 3months said i wasnt available to work so couldnt sign on! Nor can i claim ESA as i lost my appeal.One adviser told me to lose the sicknote and start a new claim for JSA,Aanother told me i would be going against medical advise and if something happened to me whilst in employment i wouldnt be covered for it and suggested i go to the CAB! In the meantime i am getting no benefit but have 4 children to support! Can i claim ESA or JSA? Anyone know?
Any advice appreciated,thank you:)

Mara69

So what benefits are you actually getting? Obviously with 4 children you are getting at least child benefit & child tax credit. Are you living with a partner? Do they work? If so, what do they earn? Do you rent or have a mortgage? Are you living with the father (s?) of the children? If not, are you receiving maintenance?

Indigo_Moon

I do get child benefit,live in my own home with no partner or CSA support and get child tax credits but that just covers my mortgage to be honest with very and i mean very little left for bills/food etc.

Mara69

I think your options are as follows (though all my advice should be checked at the CAB or some such place as things are ever changing in the world of benefits at the moment.)

Appeal against the decision.

Make a fresh claim for ESA. Assuming it has been more than six months since the original decision date (the date the original decision was made, not the tribunal date) and you still do not feel you are fit to go back to work and your doctor supports it you can simply make a new claim for ESA. It will be paid at the basic rate and whole process will start from the very beginning. So contact the new claims line, fill out the ESA50 questionnaire that you will receive after a few weeks, go to the medical examination (unless you are exempt) and fingers crossed you will not need to appeal.

If it is less than six months since the original decision was made, you can only make a fresh claim for ESA if your health has deteriorated or you have developed a new condition. In this case your ESA is unlikely to be paid straight away. The DWP will first want to examine you to confirm to them that your condition has worsened. You should not have to wait the same length of time for your medical examination as you did before. In these circumstances when you cannot be paid ESA initially you should be referred for an urgent assessment. If you pass the assessment this time your benefit should be backdated to the start of your claim. If you fail the assessment – you can appeal this decision and continue receiving ESA at the basic rate assuming that your GP backs you up with a fit note.

Failing that, you can look at applying for income support (depending on the age of your children) and chasing the children's father for support.

Muttleythefrog

If it is 6 months or more since you got the negative decision from DWP regarding Work Capability Assessment then I understand you can make a new ESA application. As it typically takes many months for reconsideration and appeal to be heard I would be surprised if these 6 months haven't passed in your case.

Regarding the medical... or rather the Work Capability Assessment.. it's important to understand what this assesses... it assesses whether various descriptors (statements of disabling effects) written into law apply.. and as such whether you are fit for work, unfit for work, capable of doing particular types of jobs or unfit for doing particular jobs is irrelevant. So if you do re-apply, focus on those descriptors regarding the WCA when it comes to being assessed.. which ones apply to you.. and if you can get supporting medical evidence that they apply then use it.

BurnleyBob

I presume that the Fit Note you produced was marked 'unfit for work.' If you still wish to claim JSA then you need to return to your doctor to have it amended to the other option of 'may be fit for some work.'

Indigo_Moon

Thank you Mara69,Muttleythefrog and bob.I feel relieved that someone has actually listened to me and not passed me from pillar to post.i'll follow your advice and fingers crossed i get somewhere,many thanks once again:)

cattie

Under active thyroid will not be considered a condition to prevent you from working, as it is controlled by daily medication. With the carpel tunnel syndrome, is there any reason why you don't have an operation to remedy it? I had both of my wrists operated on some years ago and the little bit of discomfort was well worth being pain free?

HB58

cattie wrote: »

Under active thyroid will not be considered a condition to prevent you from working, as it is controlled by daily medication. With the carpel tunnel syndrome, is there any reason why you don't have an operation to remedy it? I had both of my wrists operated on some years ago and the little bit of discomfort was well worth being pain free?

So that leaves 'just' the polymyalgia, cervical spondylosis and temporal arteritis then...

Indigo_Moon

Had the operation on my right hand for carpal syndrome but they made a mess of it with no benefit/relief at all so have declined having my left done. My thyroid problem is controlled somewhat by medication but it doesnt erase the tiredness and sluggishness you get or the flushes etc. Please dont think i dont want to work,because i do,its just at this moment in time i am just managing to do my own daily living needs never mind holding a job down.Thank you for everyones assistance.