Esa legislation forced me to resign!!

[stevepa]

I was in full time employment in 2011 but had anaccident which resulted in an injury to my right shoulder which meant

 

I wasunable to continue doing my job.

 

After the SSP payments expired I claimed ESA. Iscored 0 points on the subsequent medical because I was declared fit for workdespite NOT being fit for the job I was employed to do.

 

Following an appeal my ESA payment was finallystopped on 2nd February this year forcing me to resign in order that I mayclaim jobseekers allowance in a few more weeks.

 

BIZARRE SITUATION DOESN'T EVEN BEGIN TO COVER IT -WHAT AN INSANE POLICY!!

Edited March 31, 2013 by ims21
Increased font size.

[dogboneday]

I was in full time employment in 2011 but had an accident which reulted in an injury to my right shoulder which meant I was unable to continue doing my job.

 

After the SSP payments expired I claimed ESA. I scored 0 points on the subsequent medical because I was declared fit for work despite NOT being fit for the job I was employed to do.

 

Following an appeal my ESA payment was finally stopped on 2nd February this year forcing me to resign in order that I may claim jobseekers allowance in a few more weeks.

 

BIZARRE SITUATION DOESN'T EVEN BEGIN TO COVER IT - WHAT AN INSANE POLICY!!

 

Being assessed for ESA does not look at what you cannot do, nor does it look at what job you did but can't do any longer.

 

You are assessed using descriptors that enable you to be assessed as to what you can do!

 

I presume you took the appeal to the Tribunal but lost?

Did you prepare your case based on what ESA looks for?

 

Why, after losing the appeal did you not put in a new claim for ESA and start the whole thing over again, learning from your previous mistakes made with the first claim?

 

Why would you give up your employment to claim JSA instead?

 

None of what you have done makes any real sense.

[dyfed]

Dont think you can put in a fresh claim for the same condition for a certain period of time.

[Nystagmite]

Dont think you can put in a fresh claim for the same condition for a certain period of time.

 

6 months from date of failed medical. Unless your condition has changed before the 6 months.

[osdset]

The OP makes a good point, there is no provision for people that may be able to do some work, but through injury or illness cannot continue to do the job they did.

 

I am carpenter/joiner by trade, my condition means that I could work albeit in a very sedentary fashion, unfortunately the building industry is anything but sedentary, I would not last five minutes.

 

There may well be a niche out there somewhere for me, but I suspect I will have popped my clogs long before I find it.

[dogboneday]

6 months from date of failed medical. Unless your condition has changed before the 6 months.

 

And given that the OP appeared to claim SSP until May/June 2012 then put a claim for ESA in. The OP then appeared to fail the assessment and appealed. The appeal was heard in February 2013.

 

I would say that the decision taken after the assessment would have been about August 2012. So by February 2013 it would have been 6 monhs from the date of the original decision and a new ESA claim could have been lodged.

 

Even if my dates are a little out, there was still no need to give up their job to claim JSA.

 

If it had been me, and it wasn't 6 months from the original decision date, I would have gone along to my GP and given just the stress of the Tribunal would have enabled a new sick note to be issued which would have shown stress as a secondary condition thereby getting round the 6 month rule. Bang in a new ESA claim and get paid at the assessment rate (same rate as JSA) and kept my job.

[osdset]

If it had been me, and it wasn't 6 months from the original decision date, I would have gone along to my GP and given just the stress of the Tribunal would have enabled a new sick note to be issued which would have shown stress as a secondary condition thereby getting round the 6 month rule. Bang in a new ESA claim and get paid at the assessment rate (same rate as JSA) and kept my job.

 

A classic example of Plumbum oscillans, if I ever heard one.

[honeybee13]

I had to look that one up, osdset, good one.

 

HB

[dogboneday]

A classic example of Plumbum oscillans, if I ever heard one.

 

Thankyou I am fully aware of the translation from the Latin.

 

There is a world out there that consists of reality. To go to your GP telling him/her that you have become very stressed over the whole ESA situation is nothing abnormal and certainly isn't 'swinging the lead' so to speak.

 

Still each to their own - the alternative would be to do without any money for a few weeks if need be to get to the 6th month date. I certainly wouldn't have walked and started up a JSA claim! I doubt that many others in the same situation would have either.You might!

[dyfed]

And given that the OP appeared to claim SSP until May/June 2012 then put a claim for ESA in. The OP then appeared to fail the assessment and appealed. The appeal was heard in February 2013.

 

I would say that the decision taken after the assessment would have been about August 2012. So by February 2013 it would have been 6 monhs from the date of the original decision and a new ESA claim could have been lodged.

 

Even if my dates are a little out, there was still no need to give up their job to claim JSA.

 

If it had been me, and it wasn't 6 months from the original decision date, I would have gone along to my GP and given just the stress of the Tribunal would have enabled a new sick note to be issued which would have shown stress as a secondary condition thereby getting round the 6 month rule. Bang in a new ESA claim and get paid at the assessment rate (same rate as JSA) and kept my job.

 

Hey you should work for the CAB then you could help get thousands more of us skivers onto ESA.