Down right refused ESA

chloe87

I put in a claim for ESA on the 1st of July after my dr gave me a fit note for depression and sleep disorders. I was claiming ESA at the end of last year as I was mauled by a dog what ripped both my hands apart and had surgery to repair nerves and tendons. I failed the medical last time because to them I could use my hands, but they also asked if I had any other medical conditions and I told them I suffered with depression, now I have reclaimed ESA for depression they have refused the claim saying that I have failed a claim for the same condition within the past 6 months even though I didn't apply for ESA for depression before, now I don't know what to do, I'm skint and have 3 children to look after, I'm waiting for the letter from ESA to explain things in full but I need to do something in the mean time

DannyboyMidlands

Erm apply again with another condition? One of them has to stick sooner or later.

kelpie35

I thought that esa was for people who were too sick to work, but I might be wrong.

I thought you would be able to claim JSA and CTC.

KxMx

I think the best thing in your situation would be to get some guidance from CAB.

Horseunderwater

chloe87 wrote: »

I put in a claim for ESA on the 1st of July after my dr gave me a fit note for depression and sleep disorders. I was claiming ESA at the end of last year as I was mauled by a dog what ripped both my hands apart and had surgery to repair nerves and tendons. I failed the medical last time because to them I could use my hands, but they also asked if I had any other medical conditions and I told them I suffered with depression, now I have reclaimed ESA for depression they have refused the claim saying that I have failed a claim for the same condition within the past 6 months even though I didn't apply for ESA for depression before, now I don't know what to do, I'm skint and have 3 children to look after, I'm waiting for the letter from ESA to explain things in full but I need to do something in the mean time

http://pseudo-living.blogspot.co.uk/2012/03/esa-descriptors-and-points.html
Above link will take you to ESA descriptors for both Work related group and Support group. If you can find one or more that applies to you and you think you can score a min 15 points then you will get into the WRAG - but general depression IMHO probably will not do it. Are any of the children under 5 years old? If so you could claim income support. You can also claim children's tax credit and housing benefit if in rented accommodation. Other than that not much can be done. JSA really is your only option. Food banks if there is one nearby may be able to help. Or even the local church.

rogerblack

When was the last decision that you were fit - from ESA?
As you mentioned depression during the interview - a new application for depression would not be a 'significantly altered or new condition'.
Therefore you would not be entitled to payment until 6 months had passed since your last assessment as fit.
As I understand it - it is not correct that you can't apply for ESA - you should be able to apply - but not be paid - if it was 6 months since your last application.
If you pass the medical, you would be paid.
If your application for ESA was denied - and you do not have a current live ESA application, and it has now been 6 months - you can make a fresh application.
I do echo the above comments - depression has to be quite severe.
Having severely injured hands will generally not qualify - unless they are such that you can do almost nothing with them.
ESA for hand disabilities will be granted only if you can't pick up an empty box/press a button/...
It is not granted for not having free and easy use of your hands as most people would.

chloe87

My hands have almost recovered now and the claim isn't for them, my assessment for my last claim was at the end of last year and I found out I was refused around February time, I have a sever sleep disorder that affects my life every day which runs hand in hand with my depression, I'm now waiting to see a neurologist but there's a long waiting list

paddedjohn

If you can't get ESA then surely you can claim JSA, also child benefit, child tax credits, housing benefit, what are you living on at the moment?

chloe87

I was signed off jsa as I was too ill to work, I get ctc and cb but it doesn't cover food and bills

FBaby

Were you able to provide evidence that your depression is so severe that you cannot work? Many people with depression work. It would need to be severe and most likely being able to show evidence of the effect of depression and what care you are receiving for it before it could be considered as meeting the ESA criteria?

chloe87

Yes I provided fit notes with my application