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PostPosted: Sat 28 Apr 2012, 12:39 
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Joined: Tue 31 Jan 2012, 15:13
Posts: 2
Hi.
I would be interested to hear your replies and suggestions as to what my options now are.
I was originally on contribution based JSA and was being asked to apply for jobs that I was unable to physically do. After explaining my condition and supplying medical evidence which showed I was restricted as to what work I was able to do, I was told that I should be claiming ESA instead and they would guide me back to work with jobs that I was capable of doing. This would have been ideal, I was willing to retrain and eager to get back to work.I followed the system only to be refused by ATOS (no surprise) and appealled the DWP decision. (Gripe No. 1- I was now being paid to sit at home until my appeal was heard when I could have been paid the same money for a shorter time, to retrain and possibly find work!) I was receiving DLA, and received a renewal form, long before the existing was due to expire, which I completed and sent off with further evidence and proof that I was awaiting a major operation. The DWP then stopped DLA payments, due to the report from ATOS, which had been supplied in regard to my claim for ESA. I immediately appealed their decision
(Gripe NO.2- ATOS assessment was to see if I was capable of working and not whether I had a disability or not and should not in my opinion be used in their decision). I am still waiting to attend both appeals.My ESA payments are due to stop this week. I have had my pre assessment tests prior to my operation and awaiting the date of the op. It is likely to be within the next 2 weeks or so. I have been told I will be in intensive care for 3 days at least, 3 weeks on the ward and 3 months recovering at home.
What benefits if any should I get and what do I need to do next. I am anticipating that after my recuperation I will be able to return to work. Sorry for the long post. Guidance much appreciated.
Regards p804


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PostPosted: Fri 04 May 2012, 22:07 
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Joined: Sat 03 Sep 2011, 16:22
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This is very complex. To begin with, being on CB JSA will have used up some of your CB benefit. Who advised you to claim JSA instead of ESA? To my mind you ought to appeal against being sent to claim JSA if that was DWP advice. If it wasn't, then I'm not sure you can take that further. Having said that, you only get 6 months on CB JSA as against 12 months on CB ESA, so all is not lost.

However, you can only be on time limited ESA if you're in the WRAG group. If you failed the WCA completely, then you should be on the JSA rate until an appeal is heard. On the other hand, the time limited ESA doesn't begin until you're actually in the WRAG, at which point you can either accept the situation and go to all the interviews and training for work they offer you; or if you feel you should be in the Support Group you can appeal for that too.

You're quite right - it's a stupid irony that someone who is willing to do SOME work is being paid to sit around waiting on an appeal. However, that's the system and currently the system is clogged up with appeals and they are way way behind (and costing more money than they ever hoped to save).

It may though be worth going to your local JCP and pointing out this ironic situation you're in, and asking if you can get help and training even though you're waiting. If you got a job that you CAN do before the appeal even came up, they should be overjoyed, though I am prepared no-one will actually crack a smile.

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PostPosted: Fri 04 May 2012, 22:56 
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Joined: Fri 14 Oct 2011, 18:41
Posts: 81
Hi Tiddk - need your help, as it's late and I'm getting very confused. i-)

You say in above post that CB ESA doesn't start until you are actually in the WRAG.

I have been on appeal rate since July 11 and received letter telling me my claim was being looked at again in November 11. Still waiting on result but have been told I will hear in the next few weeks. If I was to be put in the WRAG, when would my CB ESA start from ? Would it be November 11 ? Or would be July 11 ?


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PostPosted: Tue 08 May 2012, 11:28 
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Joined: Tue 31 Jan 2012, 15:13
Posts: 2
Hi TiddK,

Thanks for your reply. It was very interesting to hear your comment on when The 12 month payment for ESA begins. I need to investigate this further and have supplied a few dates to expand my initial post hope this helps to clarify.

8/3/2011 ESA payments commenced
17/5/2011 Returned completed ATOS form
20/6/2011 Letter stating fit for work, no points awarded. Payments to stop.
1/7/2011 I appealed decision
6/9/2011 Letter from Courts & Tribunals stating they had received my appeal
30/4/2012 ESA payments stop. Letter says this is because the law only allows 365 days of contribution based payments.

If I have understood you correctly the payments should not yet have stopped? If this is the case I shall write and ask for them to be reinstated. I am slightly worried that should they be paid and I were to lose my appeal (at sometime in the future) the DWP would reclaim them? Thanks in advance for any advice posted!
Regards P804


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PostPosted: Sat 12 May 2012, 12:31 
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Joined: Sat 03 Sep 2011, 16:22
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p804 - yes, technically your ESA stops as soon as the new legislation became operative, if you had already been receiving 12 months of CB ESA. However, what I don't know, is what happens if a long delayed appeal is in the system when these payments stop. It's a new situation so I'm not sure it's yet been tested out.

If your payments have stopped and you want to work, you can insist that your local JCP helps you. In the meantime you should continue to claim for NI credits. And if you have an appeal to be in the Support Group, you need to wait for that to be heard. You can also - if still unfit - put sick notes in and continue with a claim for Income ESA (which is means tested).

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PostPosted: Sat 12 May 2012, 12:36 
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Joined: Sat 03 Sep 2011, 16:22
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nao wrote:
Hi Tiddk - need your help, as it's late and I'm getting very confused. i-)

You say in above post that CB ESA doesn't start until you are actually in the WRAG.

I have been on appeal rate since July 11 and received letter telling me my claim was being looked at again in November 11. Still waiting on result but have been told I will hear in the next few weeks. If I was to be put in the WRAG, when would my CB ESA start from ? Would it be November 11 ? Or would be July 11 ?


nao, I feel that if the decision is that you should have been in the WRAG since July, that will be the effective date. But in the end you should go by the decision date given in the letter they eventually send you giving their decision. It's a new, untried, and untested situation now that CB ESA is time limited.

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