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pangolin
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Posted: Wed Jul 04, 2012 8:56 pm |
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Joined: Thu Mar 08, 2012 11:55 am Posts: 6
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Hi Everyone, Unsurprisingly, I got a letter confirming 'nil points' following my ATOS medical. Since my GP refused to write me a letter of support, as he was adamant he would only respond to a direct request from ATOS (which never came), it was expected. The medical itself was horrible, and I was a blubbering mess, but I won't go into that! I am considering appealing, as I feel the decision is a joke and I would really struggle to work right now, but I want to arm myself with information about all the eventualities. So, assuming I don't appeal, I wonder if someone could help me with some advice with how to proceed claiming JSA? My last IS payment will be made on July 17th. Would I need to wait until July 18th to submit a claim for JSA, or could I apply sooner? If the processing takes weeks, the Job Centre would usually backdate to the date the claim was made, right? If that overlapped with my last IS payment I assume they'd then backdate it to July 18th, but I have no idea if it works that way. Also, I'm assuming I need to inform the council of the change to my situation. Does this mean my housing benefit and council tax benefit will be stopped? I've read that the council need proof someone is on JSA (to pay out HB and CTB), so in the meantime, when I'm waiting for the JSA claim to be processed, would that mean that I could go weeks without any benefits at all? If so I'm assuming HB and CTB would be backdated too, but I'm just worried about covering bills, rent etc whilst I wait! If anyone's been through this scenario, or knows how it works, your advice would be gratefully received! Thanks. [Edited because I mistakenly thought IS was paid in advance rather than arrears]
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mike
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Posted: Thu Jul 05, 2012 2:37 pm |
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Joined: Thu Jul 14, 2011 10:37 pm Posts: 65
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Hi pangolin You say that your last IS payment is July 17th and would cover you until July 30th. That would mean that your IS is paid 2 weeks in advance"are you sure this is correct" To appeal or not must be your decision, but if you feel it is a better alternative to you than signing on JSA then perhaps give it some more thought. I was on IB until the transfer to ESA in 2011, and as i did not get enough points from the Atos medical i appealed and the decision was changed in my favour. A lot of these Atos medicals are not fit for purpose. Have they sent you the ESA85 medical report yet. Mine was a mixture of some truth, some lies, but mostly exagerations, and things taken out of context. Mike
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pangolin
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Posted: Thu Jul 05, 2012 4:20 pm |
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Joined: Thu Mar 08, 2012 11:55 am Posts: 6
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Many thanks for pointing that out Mike, yes of course it's paid in arrears, I've edited my original post accordingly. I went to the CAB this morning and I have an appointment for July 25th to discuss either going on to JSA or appealing. Personally I would like to appeal, but unfortunately my partner is fed up of waiting for me to get back into work. I don't feel well enough frankly, but I'm worried I'll lose my relationship on top of everything else! Anyway, that's another story. They sent me an abridged version of the report with the decision letter, and there were lies and exaggerations. There were clearly form fields in the word doc that they didn't even bother to fill in with the appropriate terms/dates etc. So my condition was left as 'mental health problem'. The Atos medical is scandalous in my opinion. They draw absurd conclusions about capability from mundane tasks around the home that aren't in the least bit comparable to the rigours of employment. I was asked if I could use a kettle, I suppose that qualifies me to be an engineer? I can make a sandwich? A career in catering awaits! 
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Chrissy v
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Posted: Wed Jul 11, 2012 7:27 am |
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Joined: Sat Apr 28, 2012 8:26 am Posts: 4
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Hi, This is my first post, i had my decision phone call and letter,s last week stating 0 points i was told i could appeal or sign on JSA, bearing in mind i have been on IB for over 20 years i also get HRM, have done for 20 years also, i know iv,e paid my 30 years NI credits, and i,m touching 59 and i,m female, would,nt it be much better if i was put on Pension Credit, as in my opinion i,m not fit for work, and like the previous posts, my assessment medical was very flawed even the DM contradicts the actual DR,s assessment, there was some truth , but on the key descriptors a lot of it was conjecture, does anyone have any knowledge about P Credits and how it works, i also have no other income coming in as i live alone so no support financially or emotionally, any help much appreciated.
Many Thanks
Chrissy V
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Toolbox
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Posted: Wed Jul 11, 2012 8:26 am |
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Joined: Sun Oct 23, 2011 8:18 am Posts: 279
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You say you are aged 59 and a female.
Would you be getting a state pension soon (60).
Sorry I don't know much about JSA but if you will be getting a pension soon I would appeal your case.
As for the OP questions and I may have this wrong, but I thought you could not appeal without a doctors note/letter.
_________________ Forms:Information:
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Chrissy v
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Posted: Wed Jul 11, 2012 11:49 am |
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Joined: Sat Apr 28, 2012 8:26 am Posts: 4
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Hi,
I will be 64 and a half when i officially get my state pension as the government have moved the goalposts on womens pension age, but i thought people could get pension credit if they,ve paid their 30 years NI contributions. i am appealing and yes iv,e got to now start sending in fit notes, but you have the choice to claim JSA and still appeal. i have had to ask for a fit note in writing at my GP,s practise because it,s been so long since i had to send them in. Apparently being born in 1953 makes a big difference for women. i,m at my wits end with all this, it,s been an absolute nightmare thus far the transition from IB to ESA . its almost 6 months from when it started to now, and now i got the appeal process started, don,t know how much more i can cope with. Many thanks for your reply.
Chrissy V
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catchacold2
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Posted: Sun Nov 11, 2012 1:11 am |
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Joined: Mon Nov 05, 2012 2:18 am Posts: 16
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ALWAYS REMEMBER EVEN WHEN AN APPEAL IS WON YOU STILL HAVE TO SEND IN YOUR FIT NOTES UP UNTIL A LETTER FROM D.W.P IS RECEIVED TELLING YOU OTHERWISE. AS IN CERTAIN CIRCUMSTANCES A FAILURE TO DO SO WILL RESULT IN PAYMENTS TO YOU BEING STOPPED. THE LETTER OF RECOGNITION REGARDING YOUR APPEAL WIN MAY TAKE 6 WEEKS OR MORE TO ARRIVE FROM THE D.W.P
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