Can I go back on ESA?

devonrex

Hi, I really need some accurate advice I have looked on web but cant seem to get a straight answer.

in early August 2014 I attended an atos medical, by sept 2014 I received a letter stating I failed medical and no longer entitiled to esa, I did not appeal this decision and went on to JSA by end of Sept 2014.

I have tried my hardest to find work but have struggled with ill health and was told today that my JSA claim is being shut down due to too many periods of sickness.

I am terrified that I will not be able to claim esa again because of this silly 6 month rule, I am trying to work out if the 6 month period applies from date of actual medical or when I claimed jsa? Please help.

Thanks

TELLIT01

The 6 month period is from the date of disallowance of your ESA claim. The letter you received from ESA would have said that your claim was stopping from a specific date, that is the date the 6 month starts from. If that date is sometime in the middle of September you won't be able do claim again, with the same incapacity, until mid-March.
I disagree that the rule is silly. There has to be some mechanism to stop people simply claiming again and again with the same incapacity immediately after they have been found fit for work.

devonrex

thanks for your reply I no longer have the letter but it must have been sept time when I received it, which means im still within the 6 month time frame which is ridiculous because it means im screwed as i genuinly am unfit for work and now i dont know what i can do. Im being told I cant be on jsa but also the silly rule says I cant be on esa so what happens to people in this predicament!?

allen35

If you are claiming with the same condition it needs to have worsened considerably within the 6 months and be supported by your GP.

You can claim at anytime with a different illness, once again, if supported by GP as the main cause of claiming ESA.

devonrex

thanks, I don't know how I will be able to 'prove' my condition has worsened from when I was last on ESA, will have to go GP and have the stress of trying again, its a nightmare system.

allen35

If your GP will support you and you feel as though your condition has worsened reapply.

devonrex

thanks Im going to, just hope its not rejected as don't know what else I can do. It doesn't seem right they can have these conditions in place because it puts people in a vulnerable situation.

paragon909

devonrex wrote: »

thanks Im going to, just hope its not rejected as don't know what else I can do. It doesn't seem right they can have these conditions in place because it puts people in a vulnerable situation.

ESA rules state

EMPLOYMENT AND SUPPORT ALLOWANCE REGULATIONS 2013

Section 27(4)

(4) A claimant is to be treated as not having limited capability for work where–

(a) it has previously been determined, within the six months preceding the date of claim for employment and support allowance, on the basis of an assessment under Part 5 of the Universal Credit Regulations 2013, that the claimant does not have limited capability for work; and

(b) it appears to the Secretary of State that-–

(i) the determination was not based on ignorance of, or mistake as to, a material fact; and

(ii) there has been no relevant change of circumstances in relation to the claimant’s physical or mental condition since the determination.

So its now the end of february depending what date they gave you the decision you should be fine to reapply for ESA under the same illness, Although i dont know why you didn't take it to appeal, and still get paid esa while you waited.

devonrex

Thanks Paragon, I must have received letter at end of sept but had medical beginning of August, so if its based on the letter im still month within time restriction and JSA said today I will only be paid upto the 20th of Feb.

I didnt appeal decision at time, because after a year of being off work, I genuinly wanted to atleast try and get back to work for my own dignity and self worth, more fool me!

JaneDoeJohnDoe

You can still look for work even if on ESA appeals rate. You should see GP to see if he/she does think your condition has worsened significantly or you have another condition he/she could sign you off for. On JSA you can have your Claimant commitment tailored to meet your condition - eg - less travel distance - less no. of hrs to look for work etc. And yes ALWAYS appeal.

TELLIT01

paragon909 wrote: »

So its now the end of february depending what date they gave you the decision you should be fine to reapply for ESA under the same illness,

If there is no new condition and no evidence that the existing condition has worsened then the date for the new claim needs to be over 6 months after the date of disallowance or there is a very real risk that a WCA will be required before any payment on the new claim is made. Sometimes the processor will call a customer to suggest changing the date of claim if it is slightly short of the 6 month period but there is no requirement to do so.
The situation the OP finds himself in is sadly of his own making, although not intentionally so. By not appealing the original decision he has indicated that he accepts it as being correct. It seems he is now in a position where the same health condition is affecting his compliance with JSA requirements so badly that JSA are saying he must claim ESA.
His only option, unless JSA will allow him to continue signing until the 6 month date, is to get confirmation from his GP that his condition has significantly worsened or that he has a new condition.