Advice needed please re: ESA/JSA

noendtoit

For 2 years I claimed ESA in the Support Group due to depression/anxiety/panic attacks. Following a WCA earlier this year ESA was stopped and I was advised to claim JSA. At my 2nd appointment at the Job Centre I produced a sick note for 3 months so was granted EPS until 7th Nov, my sick note ends on 23rd Nov and I will be given another.

I did reply to the ESA letter asking them to reconsider but was again refused. Job Centre advised me to contact ESA people and ask if I could reclaim. This I did pointing out that my condition had deteriorated to 'Chronic Anxiety and Depression', the original note just said Depression/Anxiety.

Obviously all this added stress has made my condition worse and I am at a loss as to what I should next. I would be eternally grateful for any advice.

TELLIT01

You can make a new claim to ESA on the grounds of a worsening condition and that would seem to be the way to go if you are being provided with a new medical certificate from your GP.

pmlindyloo

noendtoit wrote: »

For 2 years I claimed ESA in the Support Group due to depression/anxiety/panic attacks. Following a WCA earlier this year ESA was stopped and I was advised to claim JSA. At my 2nd appointment at the Job Centre I produced a sick note for 3 months so was granted EPS until 7th Nov, my sick note ends on 23rd Nov and I will be given another.

I did reply to the ESA letter asking them to reconsider but was again refused. Job Centre advised me to contact ESA people and ask if I could reclaim. This I did pointing out that my condition had deteriorated to 'Chronic Anxiety and Depression', the original note just said Depression/Anxiety.

Obviously all this added stress has made my condition worse and I am at a loss as to what I should next. I would be eternally grateful for any advice.

The words 'significantly worsened' should be used by your doctor on the fit note.

Reading this http://www.cpag.org.uk/content/esa-and-significant-worsening

Suggests that the decision maker will look to see if you now satisfy any of the descriptors and would have the expectation of 'passing' the WCA.

It also suggests that further medical evidence could be provided regarding this.

Can I ask why you didn't appeal at tribunal?

noendtoit

to be honest I've been in such a state and confused that I really wasn't thinking straight when it was turned down for the second time and couldn't face 'arguing' with people. Very wrong I know but it's the only excuse I have. I am of the opinion that the whole WCA thing is just not geared up for mental health issues. There are times when I cannot leave the house or communicate with people so it's easier just to withdraw from the world.

Alice_Holt

It may be worth trying a late challenge to the decision to withdraw ESA.
https://www.benefitsandwork.co.uk/news/3650-dwp-loses-fight-to-stop-claimants-appealing
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

I think it is worth doing both a challenge and a new claim citing "significant worsening" of your condition (per pmlindyloo).
https://www.turn2us.org.uk/Benefit-guides/Employment-and-Support-Allowance/Repeat-Claims-of-Employment-and-Support-Allowance

This twin approach will give you the best chance of getting back on ESA.

I'm afraid to say, that the DWP may prove to be awkward about your new claim, so I would strongly advise you to get help with both these processes from your local CAB / advice agency.
https://www.citizensadvice.org.uk/about-us/contact-us/
The decision to stop you ESA looks to have been very wrong.

Good luck.

BorisThomson

Chronic anxiety and depression is not a worsening of anxiety and depression. In clinical terms chronic means long term, it is not an indication of severity. As OP has had the condition for some time then it was already chronic.

If the GP is supportive of a new claim I would ask them to rephrase the note before submitting it.

The decision to stop you ESA looks to have been very wrong.

Making such a sweeping statement on so little information is misleading and irresponsible.

OP needs to go through the descriptors and submit sufficient evidence to demonstrate how she meets them.

Alice_Holt

BorisThomson wrote: »

Making such a sweeping statement on so little information is misleading and irresponsible..

The decision to stop your ESA looks to have been very wrong.

Based on:

The OP writing
"....sick note for 3 months so was granted EPS until 7th Nov, my sick note ends on 23rd Nov........Job Centre advised me to contact ESA people and ask if I could reclaim."

If the JC staff are advising the OP to claim ESA, then he is clearly not capable of maintaining the claimant committment "There are times when I cannot leave the house or communicate with people so it's easier just to withdraw from the world."

I have to say I disagree with your comment, Boris, and I would suggest the OP gets advice from his local CAB on requesting a MR of the decision to move them onto JSA from being in the SG of ESA.
This, of course, will involve not only looking at the descriptors, but also ESA regulations 29 & 35.

epitome

Jobcentre staff will always suggest to a JSA claimant who is saying they are having difficulities with JSA to consider ESA, and would especially do so with a JSA claimant who is coming to the end of a 13 week EPS period and showing no signs of being available to work.


Anyway....OP,

You should send an appeal form (SSCS1) as soon as possible to the tribunal with your Mandatory Reconsideration letter. When I say "as soon as possible" I mean tonight or tomorrow. Just get it in, and then follow it up with any evidence you collect later.

Your JSA will close on 07/11/17 unless you agree to look for work.
Your ESA on appeal will* pay you if you submit an appeal.


*In usual circumstances you would be entitled to payment of ESA on appeal, i.e. that you were and are on Income Related Benefits. If you were on ESA Conts it is possible to have run out of Conts and you would have to apply for ESA IR.


If you want to do a new claim to ESA as well, that's up to you, but if you don't appeal now, and you make a new claim to ESA, and they find you don't qualify again.... then the second time around on ESA you will not be paid on appeal.

Also any worsening since your original ESA decision date will be irrelevant to an ESA appeal.


I would also agree with Boris "Chronic" indicates there has been no change to the condition. The condition is just still there. Anyway, if you make a new claim to ESA what happens is the Decision Maker will call you to discuss how you have worsened, if they agree they will allow it, but if your situation is the same now as it was before they will not allow it. They will be looking to see what your medical report said from the last claim and asking you questions about it.

Alice_Holt

OP - here is the SSCS1 form:
https://formfinder.hmctsformfinder.justice.gov.uk/sscs1-eng.pdf

You will need to explain why your appeal is late - perhaps cite your depression, poor mental health, and that your were unable to get advice?

Here are the descriptors:
http://www.mybenefitsandwork.co.uk/med2/indexxx.php
http://www.cpag.org.uk/content/making-exception
On what grounds were you placed in the SG? State this on your SSCS1 form.

If the appeal is accepted by the Tribunal Service then you can request ESA payments to be resumed when your appeal has been logged by the DWP. You will need to supply "fit notes".

If you do not have a copy of your MRN, I would suggest requesting a copy from the DWP asap.

Do please get help from your local advice centre.
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/appealing-against-a-benefit-decision/appealing-against-a-dwp-benefit-decision/