please help/advise me.

frightenedlady

please can someone give me some help, or direct me to another thread that discusses my problem.

i've been on income support for many years for mental health problems.
i don't have learning difficulties, my brain was messed up by prescribed drugs.
i live in a very dark place and really struggle to cope with life/people.

2 months ago i had my atos assessment to transfer from income support to e.s.a.
i got the letter this week = 0 points!
they totally manipulated the truth & made out i'm fine, but i really am troubled mentally.

i'm middle-aged & worked all my life, i'm not a shirker, but for many years now i have been mentally ill & honestly couldn't hold down a job at present.

i didn't receive a phonecall from them, just a letter.
i will have to phone them next week because my last payment will be the week after, but i want to know the facts & my rights before i ring them because i don't trust them to be honest with me about my options.

3 years ago i failed my income support assessment but i appealed and won. during the appeal i was on reduced-rate income support - my first question is...
when i appeal this time, will i be able to do a similar thing or will i have to go to the jobcentre & claim j.s.a. whilst the appeal is pending?

my second question is...
what will happen to me at the jobcentre when i tell them i can't hold down a job because of the state of my mind?
will they refuse me j.s.a.?
(& consequently will i lose my housing benefit?)

i may appear to be writing this calmly but i'm very distressed.
i'm a wreck and would appreciate any help.

rogerblack

Yes, you can appeal this decision.
If you went on to claim JSA - they can only sanction you if you cannot keep to a jobseekers agreement.
Housing benefit would be paid even with no income.

As to your appeal.
Firstly, you need to get a copy of the medical report - phone them to do this.
At the same time, request a 'written statement of reasons' - to explain the decision.
Secondly - you then need to understand the relevant descriptors that apply http://www.tameside.gov.uk/esa/wca#LCW - for example.
Now, go through the medical report, and point out any significant inaccuracies - these would be ones that would cause the decision-maker to come to a different conclusion on your ability to do the tasks outlined.

Once you make a formal appeal in writing - with a sicknote from your doctor, your payments will resume, at a reduced level from 'normal' ESA until your case is decided.
It may be a good idea to see if you can get help with this appeal.

frightenedlady

thanks roger.
the thing is, it was my g.p. who gave me the wrong drugs that messed up my brain and so for the past 5 years i have not consulted him at all about this (i use alternative therapies to try to cope) so i cannot really go to him now and ask for a sicknote after all this time.

there wasn't a problem 3 years ago with not having a g.p. backing up my claim, nor was it mentioned as a problem during this assessment.

the point being, i have never received esa (i am on income support but this will end the week after next) so i am confused as to how i could receive reduced-rate esa if i have just failed the criteria to transfer onto it, if you see what i mean.

LunaLady

Is there another doctor you can go to?

letthemeatcake

Do not be put off that you were turned down initially, it is very common and many go on to appeal. Just follow Roger Blacks advice as it is very clear and precise.
Could you ask to see another GP at your practice? It is very rare that I get to see my own GP nowadays.

Have you also considered claiming DLA?

CAB will help you with the ESA claim and DLA forms.

frightenedlady

LunaLady wrote: »

Is there another doctor you can go to?

there are other g.p.'s at the surgery & i suppose it is on my medical files that i've been unfit for work for many years and the history leading up it, but i'm not sure another g.p. would just give me a sicknote out of the blue.

is it essential to have a sicknote to appeal?
is it essential to have a sicknote to receive the reduced-rate during the appeal?

Pippin12

Yes, I believe it is essential. If you explain to the GP about your situation hopefully there won't be a problem. Good luck.

HB58

frightenedlady wrote: »

is it essential to have a sicknote to appeal?
is it essential to have a sicknote to receive the reduced-rate during the appeal?

No, it is not essential to have a sicknote (now called 'fit note') in order to submit an appeal, although your appeal will stand a better chance of success if you have some medical evidence.

Yes, it is essential to provide a sick-note on order to receive the reduced ESA money whist appealing.

Horseunderwater

To frightened lady - in this instance as you are appealing re the migration from IS to ESA then I think you do not need a fit note (Med3). Just get hold of the GL24 and do the appeal submission right away with some help if you can from CAB. They should pay you same rate that you were getting while on appeal as you get on IS as it is under transitional protection and is not a new claim from scratch. You can download the form from DWP to fill in on PC and print it off.

HB58

The transitional protection is lost once a claimant is found 'fit for work' so I don't think it will apply in this situation.

frightenedlady

thank you for the answers.
i'm slow at replying because it takes me ages to think clearly and i want to ask specific questions, not waste people's time.

i tried to get in the doctors yesterday. they are only open 4 days next week & one of the doctors is on holiday, so the first non-emergency appointment is the middle of the following week, with my own g.p. which is after my last income support payment, so i'm assuming i won't get a sicknote.

i will appeal anyway but i worked out my monthly outgoings today & they are about £125 (i live alone) so i couldn't afford to survive on the reduced-rate amount anyway and have nobody to borrow money from, so i'll have to claim jsa during the appeal process.

can someone tell me what will happen to me at the jobcentre?
when they ask me what type of job i'm seeking i will not be able to lie to them, i will have to say i don't feel well enough to work. surely they will refuse me jsa?