No ESA so JSA with MED3?

MONEYMAKINGMUM

Hi I'll be brief...accident-MTBI (Minor Traumatic Brain Injury) Neurologist, GP etc say not fit for work. ESA applied Oct, first paid March(!) quickly followed by long awaited ATOS assessment.
Criteria say 0 points -go to work. Appealed and received letter saying no - you are fit so I will appeal again.
Now, I know I am lucky to be walking and talking. My injuries have left me with symptoms which affect me and I am planning on returning to work when my health allows me to. The ATOS criteria does not take my symptoms into account - yes I am mobile but cognitive/memory/processing/concentration/pain all affected leading to ridiculous fatigue.
So do I now have to sign on JSA but give them Med3? (Which means I will be a Job Seeker unable to Job Seek?) Sadly I am not fit for work at this moment yet I hope to be asap. I can't sleep with worry though I am so tired. What do I need to do... any advice please.

rogerblack

MONEYMAKINGMUM wrote: »

Hi I'll be brief...accident-MTBI (Minor Traumatic Brain Injury) Neurologist, GP etc say not fit for work. ESA applied Oct, first paid March(!) quickly followed by long awaited ATOS assessment.
Criteria say 0 points -go to work. Appealed and received letter saying no - you are fit so I will appeal again.
Now, I know I am lucky to be walking and talking. My injuries have left me with symptoms which affect me and I am planning on returning to work when my health allows me to. The ATOS criteria does not take my symptoms into account - yes I am mobile but cognitive/memory/processing/concentration/pain all affected leading to ridiculous fatigue.
So do I now have to sign on JSA but give them Med3? (Which means I will be a Job Seeker unable to Job Seek?) Sadly I am not fit for work at this moment yet I hope to be asap. I can't sleep with worry though I am so tired. What do I need to do... any advice please.

Did you request that your appeal was heard on paper?
If not, and of you have actually made an appeal, not merely a request for reconsideration, unless your appeal is deemed to be hopeless, they can,t simply drop it.
Fatigue is a valid reason to get ESA, in extreme cases.
What exactly did you appeal, and what exactly does the letter say.
Are you getting payments in the interim?

If your appeal has actually been heard by the tribunal service on the basis of the papers, then if it has been 6 months since the initial decision you were fit, you can claim ESA afresh.

dookar

If you claim JSA, you tell them of your condition and restrict your availability accordingly.

No need to supply the med 3 unless they require evidence

MONEYMAKINGMUM

Thanks for your replies. The letters I received are apparently copies of what the JC+ have sent to the appeal tribunal. It reads ' not entitled to ESA from April 2012'. I rang local JC+ and was told they will still pay me ESA until outcome of tribunal.
I did also ask what happens if it is decided I'm not entitled and have to pay it back ! I was advised not to worry about that as benefit will be unaffected for the time being... (like that's a solution)
I have received a separate letter today about the tribunal and I will receive a date from them for an 'in person' hearing which I will attend.
The descriptors seem to be the issue here.
Re 'claiming ESA afresh' would it be just the same symptoms different day?
The restricted availability may be what I need when the time comes to return to work. On Med3 it says phased return or ammended duties etc.
Thanks

rogerblack

Right then.
Your case has not as yet reached a decision as to the outcome of the appeal.
What you have recieved is, as you suggest, a copy of what's been sent to the tribunal.
The JC have determined that you were not entitled to ESA on April 2012, which you're now appealing.
The papers explain the background to that decision, and their case to the tribunal that you are not entitled to ESA. Your benefit will not change until the result of the tribunal. (assuming your circumstances don't)

The tribunal will then come to a seperate decision.
If they decide yes, then you are entitled to ESA, and will be repaid the support or work-related component back to April as a lump sum.
If they decide no, then your payment of the assessment rate of ESA will stop, though you will not have to pay this back.

As an aside, as it's certain to be >6 months since april when the tribunal makes a decision, in the case of no, you can apply for ESA fresh, as it's been >6 mo since the last decision.

As an additional element.
If you do decide that you want to try to return to work, if you have been on ESA for some time you may be eligible for various back-to-work payments that you don't get if you move from ESA->JSA, and then into work.

Muttleythefrog

Concur with roger above. Just to add.. this video may be worth watching in the coming months before the tribunal.
http://www.youtube.com/watch?v=tbWXG6Ho4i8

MONEYMAKINGMUM

Thanks again
Its a relief to know I won't have to pay this back as I have no way of doing so.

As an aside, as it's certain to be >6 months since april when the tribunal makes a decision, in the case of no, you can apply for ESA fresh, as it's been >6 mo since the last decision.

If its a no at appeal then if I reapply it will still be a no? I did read on forum of people going through whole appeal 2nd time and been found yes unfit for work. But if after 2nd appeal its a no then...? I don't know its a bonkers system.
I applied Oct and not paid until March once already - the spent overdraft and stretched helpful family members won't keep me going for another 5 months of that.
Re the utube vid - as the helpful friend poured out his tale of woe none of this was submitted prior to tribunal so it wouldn't be submissable would it? No dr evidence so DWP won't count it? (DWP think they more qualified than trained neurology dept)

Muttleythefrog

MONEYMAKINGMUM wrote: »

Thanks again
Its a relief to know I won't have to pay this back as I have no way of doing so.

If its a no at appeal then if I reapply it will still be a no? I did read on forum of people going through whole appeal 2nd time and been found yes unfit for work. But if after 2nd appeal its a no then...? I don't know its a bonkers system.
I applied Oct and not paid until March once already - the spent overdraft and stretched helpful family members won't keep me going for another 5 months of that.
Re the utube vid - as the helpful friend poured out his tale of woe none of this was submitted prior to tribunal so it wouldn't be submissable would it? No dr evidence so DWP won't count it? (DWP think they more qualified than trained neurology dept)

If you reapply for ESA (in line with details above) you'd go into the assessment phase for around 3 months provided you can get 'sicknotes' from doctor. The new WCA would take place around the end of this period although notable delays can occur.

Regarding tribunal and the MOJ video... at tribunal you can give any evidence you like... if it is oral evidence directly from the claimant then it will quite likely influence the panel. If at tribunal the claimant says something they've not said before... that's fine... but the tribunal can only look at how you were at around the time of the decision made by the DWP.

I don't know to what you refer when you say 2nd appeal.. so I'll clear things up. If you appeal the DWP decision then they'll reconsider and if they don't change their decision then it is off to the tribunals service for appeal. If the appeal doesn't go as desired then you can appeal on an 'error in law'... i.e. not that the tribunal got the decision wrong or that you disagree with it but that they failed to apply the law properly or follow correct procedure. What is mentioned in this paragraph can be done at any reassessments where decision is undesirable.