ESA has been stopped

Littlelola

I am new on here and I wonder if anyone on here can help me. My husband has been on the sick with worked related stress for ten months now. At first he was getting SSP from his place of work but that only lasted 28 weeks. Doctor insisted he wasn't fit for work and he had to claim ESA. First time in 30 years hes been om the sick amd claimed anything and they are acting like its some sort of crime. Within weeks of being on ESA we were told he's have to have medical. He was called in for one and we took written evidence from doctor and reports. Woman wrote everything down. That was a couple of weeks ago , now today we get a call to say they are stopping ESA as he has been declared fit for work. I told them he wasn't but woman on phone says we would have to claim jobseekers allowance . I told them he still had a job but just couldn't go back to it yet. She said he could claim job seekers allowance under new rules. What does she mean? We have three young children this has got us worried sick. It's done nothing for his stress levels if anything they've pushed him further over the edge he's already on medication and awaiting counselling . I'm grateful for any help you can give as we know nothing about benefits.

[Deleted User]

You can request a "mandatory reconsideration" MR but must do that within 4 weeks, sooner the better, its possible that will change nothing in which case you can "appeal" again within 4 weeks, might be a good idea to see if you can get help from CAB or welfare rights(if you have one locally).

might help:
https://www.gov.uk/guidance/new-style-jobseekers-allowance

Littlelola

Thank you for your help I will look into that.

Littlelola

I'm also worried that if he has to claim job seekers allowance they will stop our tax credits

lakes17

10 months is a long time to be of work
Are work in touch with your husband as it's possible they could start going down the dismissal route on grounds of capability which would explain the comment from dwp about claiming job seekers allowance

lakes17

Not sure about tax credits but someone more knowledgeable wil be along. Best of look with your mandatory reconsideration and possible appeal.

Muttleythefrog

If you are going to ask for mandatory reconsideration and failing that an appeal (to independent tribunals service) thereafter.... make sure to focus on the evidence (make sure you get the evidence used.. especially the assessment report) and the criteria in relation to the Work Capability Assessment. Try to get supporting evidence if you can in relation to the disability descriptors you think relevant in the case. Others here are better for advice on the more general issues of what to claim in the meantime.

[Deleted User]

I hope this helps http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

Particularly the section headed 'Claiming JSA Pending An ESA Dispute'

Tax Credits should still apply. Are you in an Area where Universal Credits are Paid.

poppy12345

Littlelola wrote: »

I am new on here and I wonder if anyone on here can help me. My husband has been on the sick with worked related stress for ten months now. At first he was getting SSP from his place of work but that only lasted 28 weeks. Doctor insisted he wasn't fit for work and he had to claim ESA. First time in 30 years hes been om the sick amd claimed anything and they are acting like its some sort of crime. Within weeks of being on ESA we were told he's have to have medical. He was called in for one and we took written evidence from doctor and reports. Woman wrote everything down. That was a couple of weeks ago , now today we get a call to say they are stopping ESA as he has been declared fit for work. I told them he wasn't but woman on phone says we would have to claim jobseekers allowance . I told them he still had a job but just couldn't go back to it yet. She said he could claim job seekers allowance under new rules. What does she mean? We have three young children this has got us worried sick. It's done nothing for his stress levels if anything they've pushed him further over the edge he's already on medication and awaiting counselling . I'm grateful for any help you can give as we know nothing about benefits.

You'll also need to take a look the the descritors for each of the ESA groups. WRAG he'll need to score at least 15 points or reg 29 (exceptional circumstances)

Support Group isn't about scoring points, it's about satisfying at least one of the descriptors or reg 35, again (exceptional circumstances)

All descriptors and reg 39,35 are here.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
http://www.cpag.org.uk/content/making-exception

Once you've looked at the above links you'll be able to focus the MR or Tribunal, if it gets that far on which group you think he should be placed into and why.

As has been said you'll need evidence to prove all of this, unfortunately a GP fit note saying he's unfit for work isn't enough.

Good luck.

FBaby

My husband has been on the sick with worked related stress for ten months now.

Was it the place he worked out that was bringing on the stress? If so, is the issue that he is feeling stressed at the prospect of going back? If so, looking for another job seems to be the right thing to do. If working brought on stress that was so bad, being off for 10 months didn't sort it out, then he really needs to look into cbt and indeed looking at starting with some form of employment, or at least voluntary work as the longer he just avoids what stressed him in the first place, the worse it will get.

(Text removed by MSE Forum Team)

Littlelola

My husband's work related stress was due to him getting bullied. He got suspended from work because of these people for something he didn't do and it took until a month ago before it came to panel. All sorts went wrong. The bullying didn't stop and work wasn't helpful. They kept cancelling meetings and whole thing took longer than it should. Anyway bullies won and he got written warning. The whole thing has had a huge amount of stress in his health. Because everything took so long and evidence was missing from the case HR decided that the warning and keeping his job was best. He can work in different department of his work and he will have to go back but his mental health state at the moment he just can't do it.
Thank you for everyone who has posted and I will look at everything you have suggested.