ESA Appeal Declined - What next?

bigshorty40

Hi All

I know this topic has been covered before but it still confuses me and was hoping someone could explain to me, in simple terms, what I need to do about a recent ESA appeal decision that was declined.

I was put on ESA contribution based a year and a half ago after my employer terminated my employment due to ill health. After an ATOS health assessment, I was declared fit for work, even though my GP thought otherwise and is still producing Med3 forms for me even now. So I had to sign on Jobseekers Allowance. I made a point of telling the Jobcentre that I was going to appeal the decision to be taken off ESA, so put in the Mandatory Reconsideration, which was declined. I then started my first appeal against the ESA decision and have been waiting since December 2015 for a decision. I received a letter from the tribunals service yesterday, and it said that my appeal was declined. There aren't any clear instructions as to what my next course of action should be. Just so you are aware in recent weeks my ESA contribution based award has been changed to income based ESA.

What do I have to do now? What are my options?

My current medical condition has worsened significantly over the last few months, which my GP is willing to support in any way he can. I have new hospital investigation underway in a hope to find out what is causing me to be so ill all the time. I know that in my current physical and mental state I would find it very difficult to find suitable employment I am capable of, and that is if any employer is prepared to take me on with me being, what I consider to be a liability.

I feel totally lost and confused, and am hoping someone can explain in the simplest of terms, what I should be doing now.

Many thanks in advance.

nannytone_2

there is no further action to be taken regarding the refusal at appeal.

if, as you say, your condition has worsened, you can make new claim for income related ESA and the whole process will start again

bigshorty40

Thank you for the reply, I do appreciate it.

Does this mean I should claim Jobseekers Allowance in the meantime?

nannytone_2

in the meantime?
what are you waiting for?

if your appeal has failed you have no current ESA claim.
if your condition has worsened, you make a new claim for ESA just as you did the first time you claimed ESA.

[Deleted User]

I thought a new claim after refusal could only be for a new condition?

nannytone_2

or worsening condition.

do you have medical evidence that says your condition has deteriorated?

bigshorty40

This is where it all gets confusing as I mentioned before.

I thought that as I have had my ESA appeal declined, therefore my ESA payments will stop. If they do stop then surely I have to receive income from some other source, therefore would need to claim Jobseekers Allowance in the meantime.

I still have the current condition that I was originally getting ESA for, and this condition has worsened, and my GP has referred me back to hospital for. However, my GP has also referred me for another set of symptoms, to a different hospital department, whether or not the 2 sets of symptoms are linked remains to be seen.

bigshorty40

Yes, my GP has written a supporting letter for me to say my symptoms have worsened, plus noting the new symptoms.

pmlindyloo

_shel wrote: »

I thought a new claim after refusal could only be for a new condition?

You can make a new claim for ESA after a failed appeal if you have a new condition or a condition that has significantly worsened.

When you make the new claim your doctor should write on the fit note the new condition and/or the condition with the words 'which has significantly worsened'.

bigshorty40

Would the letter from my GP, stating my 'condition has significantly worsened' be ok to use? I only got my new Med3 (fit note) on Thursday and have already posted this to DWP.

pmlindyloo

bigshorty40 wrote: »

Would the letter from my GP, stating my 'condition has significantly worsened' be ok to use? I only got my new Med3 (fit note) on Thursday and have already posted this to DWP.

So before the decision about your appeal.

I honestly don't know the answer to this but when you start a new claim for ESA then you will have to send a new fit note (as the other was really about your previous claim) so to be on the safe side I would get a new fit note with the wording as above)