IS->ESA, failed medical, on appeal, no benefits!

Cpt.Scarlet

SidP wrote: »

Hi,
I've read the info now, and I'm afraid it's not as conclusive as you think. It states:

As I said, I wasn't submitting medical certificates, as they aren't require by the benefit I was on. I think this is a source of great confusion for all involved, including the DWP.

The link was written for somebody claiming ESA from scratch, providing a Fit Note is a requirement of making a claim for ESA, as you were transferred from another benefit you were excused this requirement as it had been previously determined that you were not fit for work.

However, as a result of your transfer, you were found fit for work, so you need to re-establish that you this is not the case for benefit to be paid while you wait for an appeal hearing, which is why you need a Fit Note an will need to continue to do so until your appeal is heard.

If your GP is willing to backdate the certificate to when your IS stopped you should be able to get payment of the benefit you missed, if not, payment will only be from the date of the Fit Note

Boa

Exactly. There is debate currently by welfare rights specialists and caseworkers around the validity of asking people to provide sick notes, and interpretation of the legislation. This always occurs when any new benefit is introduced. However, as it stands at the moment, you must provide a sick note.

Horseunderwater

You do need to get a sick note pronto in order to receive ESA. It does not matter what benefit you were on before. Get GP to back date it to the start date of ESA and forward date it by 2 months giving reason as to why you are unfit to go out to work. Keep a copy after you have signed it and send it off to your local DWP address. The quicker this gets done, the sooner they will start paying you £71/week.

SidP

Whilst I still think there's a very small chance my situation differs slightly from the norm, it's best to assume for the time-being that my advocacy service have screwed up badly by not telling me to send in a sick note to the DWP.

That being the case, what should I do about my advocacy service? Thanks to their negligence I'm now on the cusp of my next payment date and expecting no money, when I could have had an entire month to prevent this happening (getting an appointment with my GP can take two weeks). Like I say above, I'm already intending to attempt a move to the CAB from my current service, but frankly I'm not content to let my current advocacy service get away with this scot-free. Suggestions?

@horseunderwater: whilst your attempt to assist is appreciated, please be aware that I did make it clear that unsubstantiated opinions are of no use to me. If you can back up your statement with something official, as Boa and pmlindyloo have kindly done, it would give your comment considerably more value. But thank you for replying.

Boa

Sid - I would suggest you contact the service that has taken on your case and ask for an explanation. If it is a welfare rights unit, or org that is used to dealing with appeals/ reconsiderations etc they should have more senior caseworkers that can look over your situation, and some sort of casework supervision in place. I understand this is frustrating for you, but it may be that you happen to have someone who is inexperienced in dealing with welfare benefits. I am a caseworker myself and have a welfare benefit background. I know most third sector orgs are currently inundated with clients needing help with IB/IS/SDA to ESA migration. I would suggest trying to resolve situation with current organisation dealing with your case. You have your foot in the door there already, it may take a significant length of time to be seen by another agency.

Mara69

SidP - you are coming across as supercilious and arrogant by asking posters to provide 'evidence' of their posts. I'd suggest you are a little more gracious as you clearly have absolutely no idea what you are talking about and others are giving their time to help. Your situation is by no means unique, and you will not be exempt form providing sick notes. Far from it.

bigadaj

You're all being very harsh, don't you realise the OP is a victim?

Horseunderwater

bigadaj wrote: »

You're all being very harsh, don't you realise the OP is a victim?

If I have to provide said sick note to get my ESA, then so does OP. They are only a victim as you put it because they were informed by the benfits advocacy people that they did not need to provide one. Mine was stopped because Royal mail failed to send mine onto DWP in time due to Bank holiday/jubilee weekend. Took a week but I got ESA 1 week later after it arrived. I too am in assessment phase and will be for some time as they keep cancelling my medical. That is not my fault, but I still need to send in sick note from GP. Normally I just ring her up and she does it all by phone and leaves it at front desk for collection later that day. But then I do have an incurable illness that is fairly rare in the UK.

SidP

bigadaj wrote: »

You're all being very harsh, don't you realise the OP is a victim?

Thank you. This comment really helped me. Hopefully it'll help calm things down.

SidP

Horseunderwater wrote: »

If I have to provide said sick note to get my ESA, then so does OP. They are only a victim as you put it because they were informed by the benfits advocacy people that they did not need to provide one.
<snip>

*sigh* I've got enough problems without having to expect abuse on a forum where I'm asking for help.

You have my commiserations on your illness.