Failed ESA medical help
cobwebsoup
Posts: 4,858 Forum Member
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My brother has just been taken off ESA after failing to get 15 points on the medical test. He has severe depression and anxiety problems and now he's been put onto job seekers he is freaking out that they're going to force him into work. He's going to appeal the decision but that could take a year or more until the tribunal, does that mean he'll be made to work while they wait for the tribunal to come? Do the job center force you to look for work while you're waiting for the appeal decision or would they just look at finding some training for him or help for his problems? Have any of you been through a similar experience or know someone who has?
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if he goes on JSA then he will more than likely fail the appeal as going on JSA means he is ''fit for work''.
its a catch 22 situation unfortunately, and the government frankly dont care..
You can ask for ESA to be paid whilst going through the appeal or you can claim JSA but if you are on JSA you will have to actively seek work.
I'd strongly advise the OP's brother to go to his local CAB. The request for an MC needs backing up with evidence and other paperwork and CAB will be able to help your brother make a strong case.
I have evidence from my doctor and cpn to take with me, will they look at this?
Good luck with that.
You can expect a similar outcome unfortunately.
I have bipolar disorder and scored a big fat zero in the assessment. Took my medication and everything else with me and it made no difference at all.
It sounds like she tried to move your brother over to JSA quickly before he had chance to ask any questions. It's not surprising as their keen to move anyone from ESA onto JSA instead. He can claim ESA at a lower rate whilst going through the appeal process but not until the mandatory reconsideration is over. Good luck with it.
Okay, thank you
If a person's ill, it's likely that longer-term results of immediate decisions won't occur to them. All you want to do is hide under the bedclothes and let it all just happen so you don't have to make a decision. That kind of thing.
Best of luck. x
Sorry, but this isn't an option any more. Under the old system, he could have appealed and then received either the assessment rate of ESA, or JSA, (the amounts are the same) while waiting for the appeal to be heard. But under the new system you can't do this - while you're waiting for the Mandatory Reconsideration to be processed you can't get ESA. So it's JSA or nothing! And therefore it can't possibly mean that he's accepting that he's able to work.
Oh my god, really??? But when you think of some sick people who are denied ESA at assessment, then forced to accept JSA like this, just for money to live on, they're forcing them to choose between a fraudulent claim or starve, and have the additional burden of possible sanctions etc. Dear me.
Thank you for the info, though. I honestly didn't realise it'd changed.
There's some useful information here
http://www.disabilityrightsuk.org/appeals-and-mandatory-reconsideration
If you claim JSA during the reconsideration period this will have no bearing on the ESA reconsideration about whether you are fit for work. Nor can the JSA decision maker decide that you are not capable of work for this would contradict the ESA decision that you are fit for work.
So it looks like you're right about the fact that claiming JSA is not like admitting to being fit for work and therefore compromising an ESA claim - it won't be held against a person when they have to claim JSA whilst waiting for the result.
Can't he claim ESA assessment/appeal rate rather than JSA?
When my ESA was stopped I claimed ESA, but at the appeal rate - not JSA.
At least doing that means jumping through less hoops - although it's the same amount of money a week.
To do this you have to keep sending in GP's notes certifying you for the whole period with no breaks.
No he can't! The rules have changed....have a look at the link I posted earlier.
Yes, I noticed that too, it is reassuring - and logical since JSA is the only benefit he can claim. But I can understand why people in your brother's position feel uncomfortable about claiming JSA, and are worried about what they'll have do in order to get it. However the Job Centre staff must be used to this, and they shouldn't put pressure on him.
Is it too much to ask that people given hand-outs by taxpayers should have their needs assessed from time to time, to make sure they still qualify for financial support? The amount of people claiming unfit to work due to depression and/or anxiety is staggering. Surely getting out to work is the better than sitting about all day doing nothing.
As for your brother OP, maybe it's time he thinks about his future, maybe training or looking for something part-time would be a start. Is he receiving therapy for his condition or taking steps to practically help himself?
No I don't think it is to much to ask that people should be assessed from time to time but I also don't think there is any harm in asking for an ESA claim to be looked at a second time if a first claim was unsuccessful. The decision as to whether a person is fit to work or not seems to be made by just one assessor in the end. That assessor receives all of the claimants information collected through the claims process, reads it all and make a decision. If only one person is making the decision then there is always going to be room for human error.
If it was me claiming I would want to make sure that the assessor who made that final decision had thoroughly gone through all my information. I imagine they have a lot of claims to go through and I always wonder how much time they dedicate to each claim. It's really just asking for a second opinion and from what I've seen a lot of the time it comes back as the same result anyway.
Think if people are going to be assessed it should be done by people who are trained in the condition that that person has got. Not much point in a midwife trying to assess some one with a mental health condition is there
I've always thought the term used "fit for work" was inappropriate, I actually believe with using that term, many people will be seen as fit for some type of work. I have always thought a better way to do it would be "are you employable".
Of course people should have their needs assessed but it's difficult to have much faith in a system where around 40% of people who appeal against ESA decisions are successful. 40% is a helluva lot for ATOS and the DWP to get wrong!
I'll say it again! The procedures have changed!!!