Why do I have to attend medical for ESA

[myblackdog]

I too suffer with agoraphobia. I got my letter yesterday saying I am to be re-assessed. I also have depression. I am so stressed out, I cannot begin to descibe how sick I feel. How can you be expected to go out to work, when most days you cannot even go out of your house? Please keep us informed of any progress you have Lily. If I gather any useful info on the subject I will let you know. We need to stick together, help and support each other.

[unclebulgaria67]

Am I missing something here. Can you not claim contribution based JSA and just sign on every 2 weeks at your nearest JCP ? You would be looking for temporary work suitable for you, until your employers accept you back for work. Although I am confused as to what responsibility your current employer has to pay you on the basis of a phased return to work. It might be worth getting some advice at your nearest Citizens Advice or legal advice centre.

[honeybee13]

Hello there. This is disappointing, but seems to happen a lot, Lily.

 

I don't know if you can claim JSA if you already have a job. I've flagged this for the site team benefits people to have a look at.

 

It sounds as if you need to start the appeal process, as you say. Have you sent off your GL24 form? The DWP need to reconsider your case and then you'll be in the tribunals system if they stick with their decision.

 

Have you read the forum sticky on appeals?

 

HB

[Lilythepink]

Yes, I have read everything on the internet, my eyes are crossing over. I have written a strongly worded letter to the decision maker, just because they have just looked at the score NIL, and disallowed the benefit. I supplied them with a lot of other evidence, and they didn't contact any of the medical people that have been treating me. I was actually just wondering, should I just send in the appeal form along with the letter.

Phased return, I am using my holiday leave for this year to go back.

Blackdog, keep your heart up, you will get better, I did and have been working for 30 years, and only have had a short period of setbacks, you will get better.....

[honeybee13]

Hello again.

 

Have you told the DM that you want to appeal as well as giving them a piece of your mind? You need to start the official process.

 

HB

[unclebulgaria67]

Yes, I have read everything on the internet, my eyes are crossing over. I have written a strongly worded letter to the decision maker, just because they have just looked at the score NIL, and disallowed the benefit. I supplied them with a lot of other evidence, and they didn't contact any of the medical people that have been treating me. I was actually just wondering, should I just send in the appeal form along with the letter.

Phased return, I am using my holiday leave for this year to go back.

Blackdog, keep your heart up, you will get better, I did and have been working for 30 years, and only have had a short period of setbacks, you will get better.....

 

I think you need to speak to your employers Human Resources people to let them know of the situation. They have a responsibility for your welfare, while you are in this situation. They may have to pay you if you are now no longer receiving state benefits.

[Lilythepink]

Yes I am sending the appeal in with the letter with all my complaints on it, and asking why they didn't contact anyone, and also said I was appealing the decision......

Uncle Bulgaria - my employer's welfare dept, actually have been useless, they told me I would receive no benefit.

I am attempting a phased return, using my holidays from this year, other than that I am getting some money from a charity to help with some urgent bills, gas/electricity.

As I won't get any pay until the end of January

[antone]

I think you need to speak to your employers Human Resources people to let them know of the situation. They have a responsibility for your welfare, while you are in this situation. They may have to pay you if you are now no longer receiving state benefits.

 

I'm assuming that the OP's SSP has exhausted (if it was ever in payment). That's a reasonable assumption since one needs an SSP1 form to claim ESA while still employed. If that's the case, I very much doubt her employer has any obligation to pay a wage or salary.

[Lilythepink]

Yes, all payment from employment exhausted. But the mental injury was caused by the way I was bullied/harrassed at work. So I have in for a temporary injury award. It has taught me a lesson, about this govt, they don't care at all about the disabled, and the vulerable people in society. I have certainly learnt a hard lesson, as I am about to lose my house, and everything else, because the govt doesn't give a damn about the poor people in society.

[honeybee13]

Lily, I don't know if this applies to you, but someone on the site team thinks you can claim JSA if you don't work full-time.

 

HB

[Lilythepink]

I don't think so, but I will ask. I was told just to make arrangements to get back to work. i don't think you can get JSA, as you are meant to be looking for work. Its all so depressing, isn't it?

[unclebulgaria67]

Lily, I don't know if this applies to you, but someone on the site team thinks you can claim JSA if you don't work full-time.

 

HB

 

I agree, it must be possible to claim JSA for the relevant period of having no other income. It is worth phoning the JSA new claim helpline and starting a new claim, letting the JCP people work out your entitlement. They will see you have been on ESA and what the circumstances are.

[honeybee13]

I agree, it must be possible to claim JSA for the relevant period of having no other income. It is worth phoning the JSA new claim helpline and starting a new claim, letting the JCP people work out your entitlement. They will see you have been on ESA and what the circumstances are.

 

I admire your optimism, UB. There's a lot of un-joined up thinking in the system though. I was trying to say that if someone works less than full-time hours then they could be available to jobhunt.

 

Lily, if you can find a way around this, we have people here claiming JSA whose JCP advisers do take into account that they're unwell. I guess that depends on the particular JCP, but asking the question costs nothing.

 

HB

[Lilythepink]

I agree HB, I have put in an appeal, so hopefully I will get to the bottom of this, I also asked them to look again at the decision. Am going back to work anyway, I am feeling much better, but I don't know how they expect some of the really ill people to go out and look for jobs when they are ill.

[Nystagmite]

Lily, I don't know if this applies to you, but someone on the site team thinks you can claim JSA if you don't work full-time.

 

HB

 

If you work under 16 hours per week, you can claim JSA. Not sure what happens if you have a job which you can't currently do.

[Lilythepink]

Despite me sending in the GL24 and a letter setting out the information that they should have got from my consultant and GP. But have just received a letter saying my benefit is completly stopped. I sat and cried not just for myself, but the way the govt is treating ill people. How can I go back to work immediately whenever I have a 'not fit' note from my doctor, up until the 10/12.

I really have no money now at all for my priority bills, like gas, electricity, rates and Christmas has just been cancelled. I am at a loss what to do? I thought that once you put your appeal in, you still got the assessment rate? Any advice

[flumps1976]

If you have a job held open for you then it may not be possible for you to claim JSA as you have to be available to actively seek and be available to take up employment, although you can consider a restriction on your JSAg to consider part time hours of 16 hours per week due to medical conditions you have a job open for you to returm to.

As far as I am aware (I would need to check at work when next in) you wouldn't actually be available to take up another vacancy with another company as you current employers still employ you and you are supposed to liase with them first to determine if you can return to do that job, if yes then JSA would expect you to consider that option but if not able to return to that vacancy then you employers are obliged to consider alternative employment (I believe again would need to check) or the phased return as you have already posted about and if that is not possible your employment with that company is likely to end either dismissal on health grounds or resignation and after that action you could then consider a claim to JSA.

[Lilythepink]

thanks for the info. but I intend to go back to work next month, on a phased return, using my annual leave, to slowly get back into the routine. It was my employer's decision, to try that, as they know the situation I am in, as I have a grievance in, and it is slowly looking like I might win. I just want to get back to work. the ESA replied this afternoon, saying he would personally make sure my assessment benefit would be reintstated, as soon as they got my appeal. I don't like claiming benefits, but I was strongly advised to.

[Lilythepink]

Received the face to face interview transcript today, and guess what the ATOS doctor, said I may be fit to go back to work in 3 months, yet they cut my benefit altogether, so the DM is not only ignoring my GP, OHS and the ATOS doctor, who do they think they are?

[Zonker]

in a short answer *******. In a longer answer, people who are being pressurised to reduce the benefit costs to the government and that means targeting the more vulnerable in society.