lost esa appeal

sporty1

Hi just some info if possible please my brotherfilledthe esaform in went for his medical got 0 points then appealed and lost ?, now he is being sent to various places i.e to do cv,s etc, what happens if he goes back to his gp with the same problem can he give him a sick note if he feels he needs one , i told him there is probably something in place to stop people doing this who have failed otherwise wouldn,t everyone i.e (the ones who pheraps dont want to work but can be going back to the gp,s asking for fresh sick notes ?

Muttleythefrog

Has he actually had an appeal.. or are you talking about a DWP reconsideration? If a reconsideration then he can appeal and have an independent tribunal. If however he's had that then he could consider re-applying for ESA if 6 months have passed since the DWP decision (which in most cases will be true because of the delays in the system). He'd need sicknotes obviously to initially qualify. Unfortunately the system isn't especially well designed around those who fail the WCA but are being signed off sick... but the fact the system runs so inefficiently means that in most cases they can probably avoid JSA until as such time as they do pass the WCA.

sporty1

hi it was a esa50 form , then he had the atos medical which he failed and then he appealed but never turned up to the appeal so he said ?? and theyhad the same decision a fail, i dont really understand it to much only what he says , but now he says he as to go to HUB CLUB apparently were they helyou with cv,s etc, but he said he was going back to gp to get a sick note as he still has the problem..... i said do they allow you to do that when you have just failed the appeal 4 weeks ago ??

sniggings

he did not have to appear for the appeal to go ahead but it seems to help if the person involved does go and it also helps alot if they take someone who knows the process, the appeal pass rate shoots up to 60-70% around 40% if they don't turn up.

Anyway he can apply for ESA after 6 months of the lastest decision being made OR if his condition is differnt to what the previous illness was OR if his condition which he lost the appeal on has gotten significantly worse, if none of those apply then he has to apply for JSA or in a small number of cases might get income support but income support is mainly if the person has kids.

Muttleythefrog

sporty1 wrote: »

hi it was a esa50 form , then he had the atos medical which he failed and then he appealed but never turned up to the appeal so he said ?? and theyhad the same decision a fail, i dont really understand it to much only what he says , but now he says he as to go to HUB CLUB apparently were they helyou with cv,s etc, but he said he was going back to gp to get a sick note as he still has the problem..... i said do they allow you to do that when you have just failed the appeal 4 weeks ago ??

It can be tricky to advise ESA claimants... it's very tricky to advise them through 3rd parties who are getting half stories.. and with 3rd parties who don't understand the subject matter it can make it exceptionally difficult... to be blunt. But if he has failed in appeal after failing to turn up to the tribunal (much greater statistical chances of success if you go or are represented there) then he will have had a failed DWP reconsideration before that. The time it takes for those things to happen is usually many months due to delays... if 6 months (as above this waiting period can be overcome if different or significantly worsened health problems) or more then he can make a new application for ESA rather than claim JSA.