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ESA Stopped, help please?

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Comments

  • mejjo203
    mejjo203 Posts: 112 Forumite
    Hmm that is a very very interesting read
    , in my situation right before the letter arrived stating I wasn't entitled I had sent them a new fit note covering me from April 2nd to May 28th.. Obviously this fit note has no purpose at the moment, however if I have to take the appeal to tribunal am I then entitled to have the esa backdated to the date it was stopped and still receive the money I've lost?

    I may of read it wrong on the website listed above, sorry if this is wrong, I've got a splitting headache from all of this and like many Many others.. Shouldn't have to go through all of this.
  • Morlock
    Morlock Posts: 3,265 Forumite
    mejjo203 wrote: »
    I've got a splitting headache from all of this and like many Many others.. Shouldn't have to go through all of this.

    It is the Tories' response to the successful outcome of many ESA appeals. Iain Duncan Smith didn't like the fact that sick or disabled claimants could still claim ESA after passing a medical by appealing, even though ATOS have proved to be incompetent. It is a good way of forcing people who are entitled to ESA on to JSA, and when they cannot meet JSA criteria, sanctioning them.
  • pmlindyloo
    pmlindyloo Posts: 13,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mejjo203 wrote: »
    Hmm that is a very very interesting read
    , in my situation right before the letter arrived stating I wasn't entitled I had sent them a new fit note covering me from April 2nd to May 28th.. Obviously this fit note has no purpose at the moment, however if I have to take the appeal to tribunal am I then entitled to have the esa backdated to the date it was stopped and still receive the money I've lost?

    I may of read it wrong on the website listed above, sorry if this is wrong, I've got a splitting headache from all of this and like many Many others.. Shouldn't have to go through all of this.

    You have now applied for JSA. Your JSA claim will be backdated to when your ESA claim finished.

    When/if you go to appeal your ESA will be backdated to when your JSA claim ended.

    So basically you will be receiving the same money throughout (unless you receive DLA/PIP then you get a premium - extra money - with the JSA but not with the assessment rate of ESA - hope you're still with me :))

    I think what you are referring to is if you do not claim JSA during reconsideration. If you then appeal you would get ESA backdated to when your ESA stopped.

    They won't pay you for the same period twice!

    Please try not to worry. I know it sounds horrendously complicated but you should end up no worse off on JSA for the time being than on ESA.
  • pmlindyloo
    pmlindyloo Posts: 13,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Morlock wrote: »
    It is the Tories' response to the successful outcome of many ESA appeals. Iain Duncan Smith didn't like the fact that sick or disabled claimants could still claim ESA after passing a medical by appealing, even though ATOS have proved to be incompetent. It is a good way of forcing people who are entitled to ESA on to JSA, and when they cannot meet JSA criteria, sanctioning them.

    How does this add anything to the OP's worry about his situation?

    It is a highly political and debatable statement that you have made and better off on the Discussion forum than on here.

    Please have a little sensitivity to a poster who is obviously stressed enough without you putting your twopenniesworth in.
  • mejjo203
    mejjo203 Posts: 112 Forumite
    I really cant understand how the dwp decision maker gave 0 points.


    I also have a copy of the medical report from atos and the nurse that conducted the test wrote almost everything how it was.


    I had trouble moving in there and walking to the room, sitting and standing was an issue, she noted all this down, she also made mistakes with what was truthful


    One of the things was she asked if I can operate a washing machine, I said no I couldn't as bending down would cause me too much discomfort and pain, she then said could you turn it on, I said well I could push the button as its at a reasonable level to just easily push..


    She then decided to put can operate a washing machine without problem.


    On the decision letter from DWP it says can sit and watch tv or stand for more than an hour.. Which is also wrong.. Ive explained all this in my mandatory reconsideration letter.


    I don't know if they have come across my situation before, I had a hernia in my groin which I left for 6 years at worry it was something worse, I then suffered depression and pain throughout my legs, I had the hernia operated on 11 months ago and since then have put up with constant pain in the area and towards my lower back on the side.. :(
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Do you receive DLA or PIP?
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
    50p saver #40 £20 banked
    Virtual sealed pot #178 £80.25
  • mejjo203
    mejjo203 Posts: 112 Forumite
    I don't have any of those nope, no one has ever mentioned them to me or mentioned claiming :/
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