Esa hell ..desperate for feedback and advice anyone please :-)
Options
Comments
-
And Also By the way,
Reading this another way, it is possible -as he says- that this is when you made a "New Claim" with worsened condition, The DWP person took you through a "New Claim to ESA" on the phone on 12/06/17 (Monday) and asked you to send in evidence of your worsening condition...which I remember you said you took to the jobcentre straightaway (or sent it in).He also said that even though I didnt make a paper claim the fact I rang up and stated my conditions had worsened straight after the tribunal counted as a new claim verbaly .Looking through my bank statement i can see that i was recieving ESA still throughout May and the last fortnightly Esa payment was 7th June. I then recieved a forward paymemt from JSA for 41 .78 on the 14th june, and on 21 June I was back on Fortnightly ESA again.
This makes sense,
All Same Day Payments and Short Term Benefit Advances will appear on a bank statement as "JSA" but they are ESA payments.
Your fortnight payment landed on 07/06/17 (Wednesday), then when the DWP processed your new claim, they incorrectly closed your old claim on the 11/06/17, giving you 4 days final payment 8th - 11th June as a Same Day Payment.
(£73.10 / 7) * 4 days = £41.78
Your New ESA Claim was made from 12/07/17 and the first pay day would be Wed, 21/06/17, which is what you said, and was not a Same Day Payment so it shows as ESA.
12/06/17 - 21/06/17 (73.10 / 7) x 10 days = £104.43
Therefore although you don't remember doing it...you did a new claim over the phone on Monday 12/06/17, having lost your appeal, (you said as much in your first post.).
Seems to me you did a new claim to ESA on 12/06/17 and the ESA person having taken you claim ..told you to also claim JSA which is incorrect advice, (it used to be DWP advice to do this, but the DWP changed the guidance on JSA New Claims making this double claiming impossible). By the time you got to the jobcentre, your ESA claim was already allowed on worsening - which happens.I contacted ESA immediately while at the CAB and the man i spoke to said it was wrong of the tribunal to refuse my evidence and to re apply gor ESA again on the grounds of my new and worsening conditions .I sent in a fit note that day backing this up and was told to sign on jsa in the interim.0 -
Epitome.
Thankyou so much.I dont know who you are obviously ,Or if you have a legal background ,but you clearly know what you are talking about .
I feel inclined to listen to what you say over anything else.
I am incredibly grateful to you for the time you have taken regarding my sitituation :-)
At the end of the day ,the system that is set up to confuse and disorientate people and BOY !does it do a good job.IF i had not been in such a difficult place, i will have been able to deal with it very differently.I used to advocate as part of a previous job and so my inability to think straight proves to me just how much things have deteriorated.
This is hard to deal with.
You are right .I am going to have to admit defeat.There is no way i have the energy to fight this for a minute longer.
This is clearly what the gvt wants and it works.
The whole reason i applied for this benefit was in the hope that i would have some respite and time to get my health back onto a manageable level.having had to give up 3 jobs due to being signed off sick so much ,i felt i need time out to try and reccuperate and deal with my health issues . But of course going through this process has just made me worse and i have not been able to think about work at all (oh the irony)
As for permitted work.I am aware of this and it was my original hope when i went on ESA to be able to significantly lower my hours.What i was becoming aware of was that i was becoming totally unable to manage 16-20 hours plus a week helping other people AND look after a family,home and the responsabilities that come with that plus deal with conditions that render me almost unable to function at times.
I was never planning to be out of work for so long I love working.
And i feel not being in work is not healthy for me personaly as i like to feel i have a purpose outside of family etc.
Nothing has ever felt more miserable than this last year being stuck at home believe me.
However, i do know realisticaly that at this point in time,if i was to try and work again i would only be able to deal with the minimum amount of hours possible im talking atleast under 10.
The permitted work situation concerns me also as surely if you can work even just a few hours then this looks like to the DWP that you are able.And next time you apply after your yearly award this goes against you ?
This did happen to me many years ago when i claimed for a short time.
But I do completely agree with you ,It is one of the luxuries or being on ESA.0 -
It didn't go against me, when I did permitted work (I was in s/g). It was actually really beneficial as once I started earning over £120.00 per week, I knew it was something I could make a living from, without worrying about how my health will impact on that
There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter0 -
Thankyou pipkin and for ALL your help youve given me on here.
I am going to have a few weeks to try and calm down from all this lol.
I have to see a jobs advisor anyway and will discuss the situation with them.
Not that i need interview coaching or advice on how to write a c.v .What i need is my confidence and mind back and to feel better/stronger.
Im glad you have found something that works for you .
Im hoping i can do the same at some point without predudice.
You have all been wonderful.
(neil CR apology for the argy bargy �� !)0 -
No worries Fumin. I wasn’t getting at you. Just concerned about how CAB workers might be viewed
I wish you very well and hope that things resolve themselves!0 -
Hi, please can anyone tell me what happens if the ESA tribunal is unsuccessful, and my doctor is still providing Fit Notes because of my condition.
Am I still entitled to sick pay with the doctors note ? Thanks0 -
Simple answer is no, i'm afraid. If the Tribunal finds you fit work then the only way you can re-claim ESA/UC is for a new condtion or your existing condition has got worse. If they do find you fit for work then if an error in law is found in making that decision but this is extremely difficult then you can take it to the Upper Tribunal.Bumfluff007 wrote: »Hi, please can anyone tell me what happens if the ESA tribunal is unsuccessful, and my doctor is still providing Fit Notes because of my condition.
Am I still entitled to sick pay with the doctors note ? Thanks0 -
Bumfluff007 wrote: »Hi, please can anyone tell me what happens if the ESA tribunal is unsuccessful, and my doctor is still providing Fit Notes because of my condition.
Am I still entitled to sick pay with the doctors note ? Thanks
If you lose the tribunal, your ESA will be eventually closed retrospectively from the day after the tribunal hearing. It can take them a couple of weeks to close it but it should be closed retrospectively, which can cause problems for your Housing Benefit which can also then be closed retrospectively.
If you make a new claim to ESA, the Decision Makers will be looking at your last medical report to see what conditions were discussed/covered by that report.
To be successful in a new claim to ESA you will need to have a condition that was not discussed at the last medical, or a condition that was discussed but has gotten worse. The DM will decide through talking to you if it has got worse.0 -
It’s sad really when genuine cases are treated poorly. Meanwhile you have people like my flatmate who gets ESA and high rate PIP because he pretends to have “anxiety” and panic attacks. There’s nothing actually wrong with him.
You just need to know how to play the system.Debt Collection Agent
All views are my own.0 -
Unimaginativeusername wrote: »It’s sad really when genuine cases are treated poorly. Meanwhile you have people like my flatmate who gets ESA and high rate PIP because he pretends to have “anxiety” and panic attacks. There’s nothing actually wrong with him.
You just need to know how to play the system.
Its a shame people do playthe system rather than earn a living.0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards