ESA Suspended and Disallowed

[ITPR]

seems these guys like to kick you when you are down... and right next to christmas as well!!!

 

i started claiming ESA at the start of june 2016 this was mainly due to problems with my back and feet. both these are constant and i am subscribed 3 different types of pain relief taken on a daily basis to try to relieve it.

 

anyway i had waited for over 5 months for an assessment... they only pushed it along because i visited my local job center to ask why it was taking so long... as you only get put into a different bracket after the assessment i had only been getting the standard amount of money each week.

 

today i noticed a payment for £10.45 for ESA!!! had no idea what it was for... then i get a letter in the post saying due to the assessment i am able to work and as of the 7th december my money has stopped...

 

whilst on ESA in september i tore ligaments in my ankle caused by balance problems... i was unable to walk for a week or so. now i have to use a crutch, then i found i had a DVT a week after the fall possibly caused by the trauma to the ankle.

 

as well as the pain killers I see a physio for my back problems and have steroid injections in my feet for the pain.

 

my wife lost her job and started claiming JSA in november. so at the moment we do not have a lot of income.

 

all this aside i was wondering if anyone could give me some advice... the assessment took ages and now they say i am able to work they will not pay me the money that was supposed to be back paid from the 13th/14th week after making the claim upto the assessment date. the least i was expecting was to be put in the work-related activity group and to get a couple of hundred quid back pay just before christmas

 

i got sick notes as was asked, also had to go to A+E a number of times due to serious falls. i have been feeling low for some time now and this could be the nail on the coffin adding severe depression into the mix.

 

i read that i can ask them to take a look at it again... there is no time frame for them to do this so i could be waiting 6 months again without any money. After they have looked at it and still said they are still not paying it i then have to appeal it and even more wait.

 

JSA is listed as an option but if i claimed that it would be saying i am fit for work and that is not the case, that is why i applied for ESA in the first place.

 

sorry if i rambled on a bit...

 

any help would be welcome

Edited December 10, 2016 by ITPR
added info

[antone]

Sadly this is not an uncommon scenario. What most people do is to submit a request for Mandatory Reconsideration without delay. While waiting for this to be processed (likely to take several weeks) you can make a claim for JSA - doing so will not prejudice future entitlement to ESA. Once the MR is completed (and assuming it does not go in your favour) you can submit a full appeal to the Tribunal. While you're waiting for this to be heard you can go back on ESA provided your GP or other doctor is happy to continue issuing Med 5s ("fit notes").

[ITPR]

thanks for the reply... maybe they need to be a little more helpful when dealing with such benefits (maybe let people know a week or so before they completely stop the money)

 

i am unable to contact them until their usual opening times which is monday... if i call them to tell them i would like a Mandatory Reconsideration can i also tell them i would like to do it via a letter so i can outline some of my problems or should i wait until i have to take it further. im guessing not many decisions are overturned at the MR stage.

 

also when i phone them can i request certain info that was submitted by the assessor ?

 

just wish i could find info that would enable me to get through the MR and possible Tribunal phase as i would prefer to go into it with some knowledge . i have found a site that offers this but they are asking for a membership fee and i do not know how helpful it would really be... plus with not much money it is not really an option at the moment.

[tommy456]

Right , so you have had the WCA assessment farce, Scored 0 points and found to be Fit for work (FFW), The MR according to their own rules can be done over the phone and followed up via letter , including any evidence of you conditions that you have not already submitted to them make copies of this don't send the originals in case they loose it, and send the MR request via To sign for ideally, or at least get proof of posting also make copies

 

Whilst you are waiting for the MR decision to be made, you can claim JSA ,Although you may not be able to jump through all their hoops , once you have opened the claim and it's in payment you can with a fit note from you GP claim an extended period of sickness of not more than 13 weeks, this may well allow you to claim JSA without attending their interviews or signing on if they agree to do it over the phone, by which time the MR will hopefully of been done and if

their current decision isn't revised then you can take it to a tribunal