Advice on ESA predicament

Ricky_C

Hi, In August I had my ESA stopped for missing a work capability assessment, I had previously attended this appointment twice, once it was cancelled without informing me as they did not have my correct contact number, the 2nd, I arrived and waited for nearly 2 hours, I was told I could rebook it as I had to travel the 20 miles home.

I rebooked and got my dates confused and ended up missing the appointment. This was the 10th August. I asked them too look at the decision again, which took a few weeks and they stuck to their decision

Upon finding out my benefits had been stopped I was wrongly advised I could put in a rapid reclaim and continue to receive ESA, I was sent a statement which was completed on the phone and was advised to get a sicknote and send it in. All of this time I have been on crisis loans yet when I applied for one last week I was told I don't currently have a claim and can not receive a crisis loan, he then explained that I cannot reclaim ESA and that I need to appeal the decision, he told me to put in a claim for JSA with a limited work capability and to phone back once I had done this which I did.

I suffer from FSH muscular dystrophy so obviously I am going struggle doing most jobs, he told me to explain this to my personal adviser when I have an appt. I was then told to put in the appeal, I went to CAB and was told to ask them to carry on paying my ESA until the appeal. So now I'm confused and not sure what to do, I have an appt at the JC tomorrow to sign on, yet I'm still trying to claim ESA? I need to be on some sort of benefit to be legible for a crisis loan yet I'm unsure as to which to be on, it's nearly been 8 weeks with no money and just want to get this sorted.

Thanks in advance

broad-sword_2

Regarding ESA, whilst it is normally paid at the pre-assessment phase rate during an appeal if you fail the WCA, on failed to attend (FTA) cases it is not - no way around it unless DWP accept your reasons for FTA as constituting good cause and then ESA starts again with an immediate re-referral (CAB should know this).
You can make a new claim but it it then starts getting messy as unless you have a deterioating or new condition it will not be paid (there will likely be a new WCA to go through first). It sounds like you are claiming JSA? This will not affect the appeal (though if you win it will be offset against any ESA arrears). Hope this helps (I know it's complicated).