As Hadenough stated you are entitled to still receive ESA while you submit an appeal against the decision. Ring up the jobcentre number and tell them you wish to appeal, they will tell you how to do this. You MUST continue to submit medical evidence while you submit your appeal and while you wait for the result. If things are as bad as you say then I am sure that the tribunal will overturn the decision ATOS have made. As a side note, for those not wishing to appeal and who have been turned down by ATOS you can claim JSA even if your GP has signed you off as you have been declared fit for work, so JSA have to accept your claim

Make sure you keep sending in your med certs, otherwise you will not receive your ESA!

You should not have to prove that you are starting employment, a letter should do it, make sure you take a copy and that it is clearly dated and drop it in if you can, follow it up with a phone call the day before you start your new job and that should be sufficient. Worked for me. Best of luck with your new job hun x

Just to add to Aviva's post, you would have to be in receipt of DLA in order to get ESA whilst studying

You should claim JSA immediately, they will not backdate! Whether or not they will sanction you is down to the JSA staff, they probably won't but you never know. Anyways the earlier you claim the sooner your sanction will be over. Good luck with your move and with finding a new job!

Just like to point out that it is not just the Residency test that is needed it is also the Right to reside. If you have proof that you have right to reside, noted on passport or from Home office then you would not need to pass either of these tests. If you are an EEA then you would have to provide workers registration card and certificates, this is clearly stated on the forms the jobcentre send to the customer. Once this information is received it is sent to Wick who do all the decisions, jobcentre have no part in this process only to gather the info required to make the decision. If all requested info is not received then it will either be returned to the jobcentre to request the info again or the test will be failed. Hope that provides some clarification

This is how it should work, so yes you have a very strong case to get the overpayment overturned. I have done it myself and won. Don't be fobbed off, keep fighting. The system is fundamentally flawed and therefore you should not be penalised. Good luck

Hi, according to my calculations your Dad would be entitled to a small sum of ESA. If he was claiming Contributions based ESA his savings (redundancy) would not be taken into account. His occupational pension would be but they work it out like this:- £85 per week disregarded, then remainder divided by 2 and that figure is taken into account. So if your Dad is receiving £10k he would be getting a rough figure of £192.00 pw - £85 = £107 / 2 = £53.00 current rate of ESA £64.30 - £53.00 = £11.30 You would need to check out his pension to get the exact figures and decide if it is worth him claiming, he will have to attend medicals etc, but it would mean that his stamp is still getting paid. And contributions based ESA does not cease after 6 months like JSA. Hope this has helped

Hi Labtec, your wife would be entitled to claim ESA, if she qualifies for contributions based she would be entitled to £64.30 per week. If she also qualifies for Income based they would also add a partners premium that takes you up to £100.95 per week. This will however be affected by any Working Tax credits that your partner receives. Child Tax credit is not taken into account. Savings and investments will also have an impact if they are over £5500.00. Make sure that your partner has an SSP1 form from her employer and a medical certificate ready when she makes her claim as they will want to see these before her claim can be processed, hope all goes well with the op!

Did you provide all documentation requested for example workers registration card and certificates for all employment held since coming to the UK, if not this may be why you were turned down. You can appeal the decision but bear in mind you will need to support your appeal with evidence of being either employed or a job seeker

Fantastic news, really pleased for you. I hope this inspires others to keep fighting

Can only hope that with the number of decisions being overturned that they will have to look at it with clearer eyes!

John, ESA is designed to help people get back into work whilst managing their illness/disabilities as it was apparently found that the vast majority of sick claimants wanted to be working. ESA also gives them a chance to try work and still claim benefits for up to a year without losing out. And that it was better for them (mentally/physically) this is what we were told, unfortunately it would appear that something is not quite right. Can't comment too much but am pleased to add that I am not involved with ATOS and am interested to see if things can be changed for the better.

Having read your post on another thread it would appear that you are living with someone the Jobcentre views as a partner. If you disagree with this decision I would suggest that you appeal it. If they are in fact a partner then maybe they should apply for Tax credits?

What do you mean you got nothing?