Stressed and confused with this ESA process

mejjo203

Hi there all,

I'm extremely stressed and confused with this ESA process i don't know where to turn or what to do. I claimed ESA a while ago and then had the dreaded ATOS medical, after this the DWP decided i was fit for work and ended my ESA claim. I then completed the mandatory reconsideration process to which they still upheld their original decision and i then had to complete the forms to take it to tribunal. That's where we are at the moment, just awaiting a tribunal date.

Now, during the time i was awaiting the mandatory reconsideration i was forced to claim JSA to have some income as i wouldn't of managed other wise. The other day i spoke to the DWP and they told me they now can see my tribunal appeal on the system and advised me to close my JSA claim to re-start my ESA. I then closed my JSA claim and waited for that to update on their system.

Today i have called them to restart my ESA and after waiting 5 hours for a call back i finally got one, The guy on the phone explained to me that they cannot re start the ESA at the moment as they can't see the appeal on the system, I explained they told me they can see the tribunal appeal, He then said well yes, they can, but it has to be forwarded to a different department and then it will be possible to re-start the ESA. I then asked if i will need to send a medical certificate and when i should send this, He said you will need to send them and you will need it backdated to the 31st May ( When my last one ran out ) I then explained to him that my ESA was closed well before that certificate expired and that i claimed JSA, I said why do i need to get it backdated when you deemed me fit to work and i claimed JSA, His reply was its so we ca n see you were unfit for work, I then explained well you declared me fit for work and i had to claim JSA, I said you are starting to contradict yourself wanting it backdated. He then said ok well just send us the one covering you from today.

My JSA was closed yesterday & ESA to start from today so i've got a medical certificate from today for 4 weeks. I really don't know what to do, i don't know what information is right, Do i really need it backdated? As that doesn't make any sense as i was on JSA. I don't understand why they have told me that i can restart the ESA as soon as the JSA is closed and now they are telling me i have to wait for the tribunal appeal to show on the system. I'm really stressed & upset and i don't know what to do, no one seems to know what i need to do.

I hope someone here might be able to share some information on what i might need to do or what exactly the DWP process is.

Thank you

pmlindyloo

You have received some incorrect information.

If you are appealing an ESA claim there should be no period when you are not paid whether it be from JSA or backdated ESA when you are granted an appeal.

Whilst you were claiming JSA you did not need a fit note. When your JSA claim ended then you need a fit note so that your ESA can be backdated to that date.

Some people do not claim JSA during the reconsideration period. It is those people who need to produce fit notes to cover that period in order to receive the backdated ESA.

http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration