Esa denied .

stapeley

Alice_Holt wrote: »

This could be useful evidence for your appeal.

The most helpful evidence would be a letter from your GP confirming significant risk to your health if found fit for work.

Once your appeal is lodged with the Tribunal Service (and notified to the DWP), you can request the DWP resume ESa payments pending the appeal.

This is useful information, thanks for not being judgemental , like many people are . Buck yourself up , get a grip , force yourself , pull your self together , take a good walk in the country , is not really helpful . The Employment Support Allowance is a extra £30 a week , it makes a massive different to claimants , the Government are using these fit for work assessments to take this money away from people that are in need .

dippy3103

I agree that there should be a loo at the jobcentre. But I fail to see what that has to do with your fitness to work

stapeley

Probably nothing, but they are treating people as number/statistics.
What ever happened to the Welfare State ? You tried to get a Doctors appointment lately ?

stapeley

dippy3103 wrote: »

I agree that there should be a loo at the jobcentre. But I fail to see what that has to do with your fitness to work

What are your views on claimants having to phone several times , not getting through for 1 1/2 hours at a cost of .12 p per minute ?

dippy3103

stapeley wrote: »

What are your views on claimants having to phone several times , not getting through for 1 1/2 hours at a cost of .12 p per minute ?

That it's wrong. Still not relevant to your fitness for work

pebbles88

Op, you obviously have Internet access, look at this forum for support & advice - http://www.benefitsandwork.co.uk

Rather than getting terse at people on here, you need to focus on seeking advice, either from an online source such as above or cab/welfare rights. So that you can focus on the needed actions.

You're coming to the end of your extended period of sickness so jsa conditionality is going to Be applicable again if you stay on jsa. If you aren't able to meet that, that it could result in a sanction which is the last thing you want.


Moving forward, you really can't afford to not take action on this & not be distracted by other things such as the toilets & doctors. Doctors appointments have nothing to do with what is happening with your benefit claims.

I've been through both Esa, Jsa & have been working for the past 7.5 years, I too take amitriptyline, & several others medications which have much stronger side effects, they do pass, I have no choice not to work, so I have to manage through it. I've not been alive yet the amount of years I still have to work until get my state pension, if it's still available then!

Best of luck with it, X

NeilCr

CAB may well offer an email service. Without being rude you do seem to ignore the questions about contacting/going to CAB and they really are your best source of help and advice right now

seven-day-weekend

Even your diagnoses are not particularly relevant, it's how they affect your ability to work that matters.

I agree with others, don't get sidetracked, and if you appeal just concentrate on those issues which have an effect on you working, not things like the toilets and Dr's appointments or the cost of phone calls.

Be clear and concise and spell out in words of one syllable how your issues affect you from day-to-day and hopefully you will achieve the desired result

Alice_Holt

deannatrois wrote: »

OP
It looks to me like you could reapply for ESA.

It used to be the case that a claimant who failed the WCA could reapply for ESa after 6 months. A 2015 legislative amendment now states that you can only reapply if your condition has significantly worsened or you have a new condition.

Invariably the DWP will argue that the claimant's condition has not significantly worsened.
From Turn2us "If you have failed the WCA and you want to reclaim ESA it is essential that you seek advice from an experienced adviser before making a new claim to check if you fall into any of the exceptions groups which would enable you to reclaim. "

So it is vital that anyone who believes a decision to find them fit for work is wrong (and can persuade a tribunal panel that the DWP decision is flawed), appeals that decision.
Because (having been found fit for work once) they will not be able to reclaim ESa ever again for that condition.

Additionally the DWP have made the appeal process more complicated. It is now a 2 stage process with one month time limits.

The best advice for the OP (who believes the WCA to be incorrect) is to concentrate on his appeal (with the help of the CAB). And make sure he is within the time limits (or have good reasons why not).
This is the SSCS1 form he needs to complete and send to the Tribunal Service (having had a negative MR decision from the DWP).
http://formfinder.hmctsformfinder.justice.gov.uk/sscs001-eng.pdf

stapeley

Brilliant ! thanks for that link . Will do that today .