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    • Cfc91
    • By Cfc91 20th May 19, 7:22 PM
    • 4Posts
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    Cfc91
    ESA stopped, should I go onto JSA?
    • #1
    • 20th May 19, 7:22 PM
    ESA stopped, should I go onto JSA? 20th May 19 at 7:22 PM
    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
Page 1
    • calcotti
    • By calcotti 20th May 19, 7:46 PM
    • 3,533 Posts
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    calcotti
    • #2
    • 20th May 19, 7:46 PM
    • #2
    • 20th May 19, 7:46 PM
    You cannot claim means tested JSA, it has been replaced by Universal Credit.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?
    Last edited by calcotti; 20-05-2019 at 7:50 PM.
    • Alice Holt
    • By Alice Holt 20th May 19, 7:54 PM
    • 3,297 Posts
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    Alice Holt
    • #3
    • 20th May 19, 7:54 PM
    • #3
    • 20th May 19, 7:54 PM
    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?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Cfc91
    • By Cfc91 20th May 19, 8:35 PM
    • 4 Posts
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    Cfc91
    • #4
    • 20th May 19, 8:35 PM
    • #4
    • 20th May 19, 8:35 PM
    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
    • By poppy12345 20th May 19, 9:16 PM
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    poppy12345
    • #5
    • 20th May 19, 9:16 PM
    • #5
    • 20th May 19, 9:16 PM
    I was reading on citizen advice website that I'm entitled to back pay whilst waiting for the tribunal is this correct?
    Originally posted by Cfc91
    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
    • By Alice Holt 20th May 19, 9:16 PM
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    Alice Holt
    • #6
    • 20th May 19, 9:16 PM
    • #6
    • 20th May 19, 9:16 PM
    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?
    Originally posted by Cfc91
    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.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • calcotti
    • By calcotti 20th May 19, 9:53 PM
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    • 2,400 Thanks
    calcotti
    • #7
    • 20th May 19, 9:53 PM
    • #7
    • 20th May 19, 9:53 PM
    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.
    Originally posted by Alice Holt
    Thatís 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 OPís circumstances. Are they on means tested benefits or contribution based benefits?
    • Cfc91
    • By Cfc91 20th May 19, 10:38 PM
    • 4 Posts
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    Cfc91
    • #8
    • 20th May 19, 10:38 PM
    • #8
    • 20th May 19, 10:38 PM
    I was on means tested esa
    • Cfc91
    • By Cfc91 20th May 19, 10:39 PM
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    Cfc91
    • #9
    • 20th May 19, 10:39 PM
    • #9
    • 20th May 19, 10:39 PM
    What's a WCA under UC mean?
    • poppy12345
    • By poppy12345 20th May 19, 10:41 PM
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    poppy12345
    I was on means tested esa
    Originally posted by Cfc91
    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.
    What's a WCA under UC mean?
    Originally posted by Cfc91
    The same as ESA and you'll need to send in fit notes to claim limited capability for work.
    • calcotti
    • By calcotti 21st May 19, 4:31 AM
    • 3,533 Posts
    • 2,400 Thanks
    calcotti
    I was on means tested esa
    Originally posted by Cfc91
    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.
    • Bananas123
    • By Bananas123 21st May 19, 5:12 AM
    • 312 Posts
    • 137 Thanks
    Bananas123
    I still feel unable to work, and my doctor still feels I'm unfit for work.
    Originally posted by Cfc91
    - it revolves around the above and if you can either evidence or convince beyond doubt the tribunal panel that you meet the descriptors - i.e. will your doctor support you or provide evidence that you meet the descriptors ? (then you would have a very good chance of being in receipt of esa again).

    -6 months is not very long though...; seemingly they are trying to transition you to JSA for some reason, suggesting they do not think your depression impairs your functioning to the point of an award.

    ...it's better working then being on benefits; and you are either eligable or you are not...; but if your doctor thinks so; then (unless your doctor is an idiot); one would imagine that the panel would be inclined to agree with them, but obviously can not say for certain.
    regards.
    • _shel
    • By _shel 21st May 19, 5:45 AM
    • 2,355 Posts
    • 4,341 Thanks
    _shel
    - it revolves around the above and if you can either evidence or convince beyond doubt the tribunal panel that you meet the descriptors - i.e. will your doctor support you or provide evidence that you meet the descriptors ? (then you would have a very good chance of being in receipt of esa again).

    -6 months is not very long though...; seemingly they are trying to transition you to JSA for some reason, suggesting they do not think your depression impairs your functioning to the point of an award.

    ...it's better working then being on benefits; and you are either eligable or you are not...; but if your doctor thinks so; then (unless your doctor is an idiot); one would imagine that the panel would be inclined to agree with them, but obviously can not say for certain.
    regards.
    Originally posted by Bananas123
    How can they be trying to transition them to a benefit that no longer exists?
    • poppy12345
    • By poppy12345 21st May 19, 5:58 AM
    • 6,003 Posts
    • 5,543 Thanks
    poppy12345
    - it revolves around the above and if you can either evidence or convince beyond doubt the tribunal panel that you meet the descriptors - i.e. will your doctor support you or provide evidence that you meet the descriptors ? (then you would have a very good chance of being in receipt of esa again).
    Originally posted by Bananas123
    The OP was found fit for work for failing to attend, so the Tribunal isn't about the descriptors. It will be about the reasons why they didn't attend the assessment.


    If the Tribunal rule in their favour and accept the reasons they didn't attend then a new face to face assessment will be arranged.



    If they are then found fit for work then the MR/Tribunal process will start all over again.
    • calcotti
    • By calcotti 21st May 19, 7:53 AM
    • 3,533 Posts
    • 2,400 Thanks
    calcotti
    ...a 6 month award is a very low amount of time and suggests that they expected his conditions to improve very quickly...
    Originally posted by Bananas123
    The OP hasn't had an ESA decision about their health. They have claimed and have been receiving the assessment rate bending their assessment. Their award has now been cancelled because they failed to attend their work capability assessment.

    Name calling really doesn't help anybody, least of all the OP.
    • Alice Holt
    • By Alice Holt 21st May 19, 4:21 PM
    • 3,297 Posts
    • 3,856 Thanks
    Alice Holt
    OP - I asked this in post 3

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

    I can't see that you have given an answer.

    Or to put the question another way - Have you now got rent arrears as a consequence of your ESA award ending?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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