ESA stopped, should I go onto JSA?

Cfc91

I was on esa for the past six months due to depression. I was asked to attend a assessment which I missed due to not leaving the house for weeks on end, I rang and explained this to them and they disallowed my claim. I then asked for a mandatory reconsideration waited 30 days for the outcome and they have decided not to change the result.

I haven't received payment since April 1st. I now have the option to appeal via tribunal.
Just wondering is it worth appealing again or should i just accept the outcome? How does the tribunal appeal work?
I still feel unable to work, and my doctor still feels I'm unfit for work.

Also, if I went into JSA can I claim from the date my esa was stopped or would it be from the date I first ring up?
Any help would be much appreciated

Thanks

calcotti

You cannot claim means tested JSA, it has been replaced by Universal Credit. You may be able to claim ‘new style’ JSA which is contribution based, but this is only payable for six months.

Neither ‘new style’ JSA nor UC can be backdated (except in exceptional circumstances with UC).

What type of ESA were you claiming? Was it ‘new style’ ESA or the old type of ESA?

Alice_Holt

I'd suggest getting advice from your local advice agency / CAB.

Did you have to supply a "good reason" for not attending the assessment and is the tribunal about this?
(Rather than being about insufficient points being scored).

Were you getting Housing Benefit, and if so have you completed a nil income form to get HB back in payment?

Cfc91

I had to provide reason as to why I didn't attend the assessment which I did but they decided it wasn't good enough and stopped me. Then I asked for mandatory reconsideration which didn't change the outcome after 30 days.

I have the right to appeal via tribunal. Is this worth doing or do they always go in favour of the decision makers?

I was reading on citizen advice website that I'm entitled to back pay whilst waiting for the tribunal is this correct?

poppy12345

Cfc91 wrote: »

I was reading on citizen advice website that I'm entitled to back pay whilst waiting for the tribunal is this correct?

No, this is not correct. I'm afraid because you were found fit for work for failing to attend then you won't receive any ESA payments while waiting for the Tribunal.



Please answer calcotti's question in post #2, where you claiming New style ESA or the old style ESA?

Alice_Holt

Cfc91 wrote: »

I had to provide reason as to why I didn't attend the assessment which I did but they decided it wasn't good enough and stopped me. Then I asked for mandatory reconsideration which didn't change the outcome after 30 days.

I have the right to appeal via tribunal. Is this worth doing or do they always go in favour of the decision makers?

The majority of tribunals are successful - they certainly don't always go in favour of the DWP.
So it is probably worth continuing, particularly if you have good supporting medical evidence


I was reading on citizen advice website that I'm entitled to back pay whilst waiting for the tribunal is this correct?

Not for cases when case centres around non-attendance. The tribunal are not considering if an ESA award should have been given, but just whether your good reason should be accepted and a new assessment arranged.
In these circumstances you can't get back pay.

http://www.cpag.org.uk/content/ask-cpag-online-can-you-get-esa-while-you-are-challenging-decision
"You cannot get ESA pending an appeal against a decision that you are not entitled to ESA because you failed to submit an ESA50 questionnaire or attend a medical without good cause..."

So IMO, if you are eligible for UC you should consider applying for it - as it gives you an income.
You can supply fit notes to show you are not fit for work and then request a WCA under UC.


But again, I would suggest you get face to face advice on this - as it's not straightforward and I don't know your particular circumstances.

calcotti

Alice_Holt wrote: »

So IMO, if you are eligible for UC you should consider applying for it - as it gives you an income.
You can supply fit notes to show you are not fit for work and then request a WCA under UC.

That’s what I think may be the case but it is why I asked the question about the type of ESA as an opening to understanding the OP’s circumstances. Are they on means tested benefits or contribution based benefits?

Cfc91

I was on means tested esa

Cfc91

What's a WCA under UC mean?

poppy12345

Cfc91 wrote: »

I was on means tested esa

This means you need to claim UC because otherwise you'll be without money. if you claim Housing benefit then this will transfer to UC.

Cfc91 wrote: »

What's a WCA under UC mean?

The same as ESA and you'll need to send in fit notes to claim limited capability for work.

calcotti

Cfc91 wrote: »

I was on means tested esa

You must have been one of the last people to claim this as it has not been available since December (except in exceptional circumstances). I agree with poppy that, if you need income, your only option is to claim UC.

However you need to be aware that you will be expected to attend the JobCentre (more than once) in order to progress your claim and failure to do so will result in your claim failing. Home visits are only made in exceptional circumstances.