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    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
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ESA re-application following a failed ESA appeal


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Can someone please clarify beyond doubt the question about when you can reapply for ESA following a failed appeal? It is 6 months after the appeal date itself or 6 months after a failed ATOS medical confirmation letter from the DWP stating fitness for work?

 

I have my appeal in 5 weeks and if I fail the last thing I want to do is apply for JSA!

 

The date of my failed ATOS medical was in Aug 2010 which is obviously over 7 months ago now so if i fail my ESA appeal can I immediately reapply for ESA?

 

Many thanks

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It is 6 months after the decision of the failed medical so if tribunal is not successful you would be able to reapply straight away.

Make sure you read sticky on here and prepare supporting evidence so that tribunal overturns the decision so you don't have to go through the farce again. Good luck

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It is 6 months after the decision of the failed medical so if tribunal is not successful you would be able to reapply straight away.

Make sure you read sticky on here and prepare supporting evidence so that tribunal overturns the decision so you don't have to go through the farce again. Good luck

 

rightsF,

 

thanks for that mate,

 

much obliged

 

sd

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Hiya I just wanted to say I really hope you win at the tribunal good luck... because Iv just failed my tribunal and was just told I can't claim jobseekers allowence because i cant work and I need to re- apply for ESA I could scream because they stopped my ESA last week and now say its ok to claim it. I feel Like they have done this so they don't have to pay my backdated money .. I hope you get someone who is really understanding and understands your illness I think that was my problem the man didn't understand my illness.

 

good luck

Mandy

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  • 2 weeks later...

You wouldn't believe the relief I'm feeling from finding this forum. I lost my tribunal yesterday and had no idea what to do next - except to just accept that I'd have to sign on. Thankfully my medical was 5 months 3 weeks ago, so thanks for the knowledge that I can start again in a week! Also, thanks to all who gave advice in the stickied thread - I can see why I lost so convincingly now - I just ticked the boxes on the forms and tried to look like a normal human being at the medical. Silly, really.

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You wouldn't believe the relief I'm feeling from finding this forum. I lost my tribunal yesterday and had no idea what to do next - except to just accept that I'd have to sign on. Thankfully my medical was 5 months 3 weeks ago, so thanks for the knowledge that I can start again in a week! Also, thanks to all who gave advice in the stickied thread - I can see why I lost so convincingly now - I just ticked the boxes on the forms and tried to look like a normal human being at the medical. Silly, really.

 

can you keep us up to date with events mate

 

I have my tribunal in 4 weeks so how should i behave?! Should I act normal or downtrodden?

 

I know you can apply for ESA after 6 months but will they pay you any money when you do apply? The DWP may accept your ESA claim but is that the same as accepting it and paying you any money on submission of a sick note?

 

thanks

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can you keep us up to date with events mate

 

I have my tribunal in 4 weeks so how should i behave?! Should I act normal or downtrodden?

 

Unfortunately I can't help there, as I was too ill to attend. From what I've read in the aforementioned sticky thread, is that preparation along the way is all. I don't think my attendance would have made the least bit of difference due to my not having any points from my medical (and I'd only be claiming for a few months - I sailed through the original medical), nor a letter from my actual, real-world GP.

 

This time, I'm going prepared!

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I know you can apply for ESA after 6 months but will they pay you any money when you do apply? The DWP may accept your ESA claim but is that the same as accepting it and paying you any money on submission of a sick note?

 

thanks

 

Sorry, missed that bit. I'm assuming that if you reapply with a valid sick note that they have no choice other than to start the whole thing again. I'd be grateful if anyone could correct me if I've misunderstood that.

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Yes, I can confirm that on failing your tribunal and reapplying for ESA it is seen as a fresh claim and you start all over again. I'm awaiting my second tribunal and have, effectively, been on the assessment rate continuously since November 2009 ...

Rae

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Yes, I can confirm that on failing your tribunal and reapplying for ESA it is seen as a fresh claim and you start all over again. I'm awaiting my second tribunal and have, effectively, been on the assessment rate continuously since November 2009 ...

Rae

 

Thanks for that very welcome info!

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Hello everyone, today I was at the CAB they helped me fill out my new ESA form, I managed to get another sick note from my g.p so all the process is starting again... Hopefully by next week I will have some money...

Thankyou for all your help i'll keep you up to date with what happens..

Mandy .

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  • 3 months later...

Hi, Im new here. I just want to say thank you for all the info everybody has put up. I failed my Tribunal yesterday after the snobby Doctor didnt believe me. I sat there rolling his eyes at everything I said then looked down on me when I told him my mum and my partner (who I both live with) or out of work! I couldnt believe it! I asked at the end whether Id recieve information about what to do next if they dont award me ESA. The man who was on the legal side said Id recieve a letter and it will tell me everything I need to know in there. No such letter has arrived. Just their decision letter telling me they agree with the state (which is no big suprise after yesterday's interigation!) Iv been worried sick as to what to do know. The JSA have told me I cant claim them as I cant do a full day's work. Iv just been turned down for ESA. All this worry and panic is making me ill :( It's now July 2011, I had my medical March 2010 so Im assuming I can make a new claim for ESA. Iv read that this can only be done if you have a different illness. You cant claim on an illness you have already tried to claim for. Is this true? If so im screwed!!! How do i go about making a new claim? I was siging on at the time of my first claim. I just had to fill a form out and send it to somewhere within the JSA along with my sick note. As of yesterday Im not claiming anything. I really cannot go without money. There isnt enough coming into the household with my mum and partner out of work aswell. Im going to end up in all kinds of trouble with the company I have have debts with. I just dont know what to do. Can anybody PLEASE help me??

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The JSA have told me I cant claim them as I cant do a full day's work.[/quote

 

This isn't actually quite true. I claim JSA and they are aware that I can't do a full days work. I think there is a lower limit (might be 16 hours) that you must be able to work. However, if you have a disability which affects your ability to work, you can ask that you only find jobs where you work x amount of hours.

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It's very hard not to panic lol. When I was at JSA before trying to claim ESA, the man who I was signing with told me about a job. i couldnt him I wouldnt be able to do that because Iv just been diagnosed with an illness which prevents me from doing any work like that. He then said to me that "if I cannot do the jobs being offered then I cannot sign on. Simple as that!" I then had to go and see my advisor who told me the same thing. I dunno, maybe its just one less person claiming JSA. Can anybody tell me how I go about making a new claim please? Thank you so much guys

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No they haven't changed it, they're misinformed, try again, though you may have to wait until your old claim is closed or complete a paper claim.

 

Tell them its 6 months from the initial decision refusing you ESA, they should check with their supervisor, as they are contrvening social security law not allowing you to make a claim. Make sure you take their name at the start of call and note the time and date in case you need to complain later.

 

Link that may help:

 

http://www.cpag.org.uk/cro/wrb/wrb213/ESA.htm

Edited by leemack
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  • 3 months later...

Hi, Kelcou, I'm quoting two of your posts, and hope I've understood you right - but could you spell it out for me in no uncertain terms, lol! I have my tribunal on 1st December (oh, Christmas joy!) and I want to know that if I fail it can I walk straight out of the court and reclaim ESA at the basic rate, for the same condition, pending a further tribunal application/appeal?

 

I'm scared that if I'm failed I'll have to go straight across to JSA.

 

If I can re-claim ESA do I use the same form as before when I appealed my medical assessment? I think if was GL14 or something.

 

Thanks

 

Yes, I can confirm that on failing your tribunal and reapplying for ESA it is seen as a fresh claim and you start all over again. I'm awaiting my second tribunal and have, effectively, been on the assessment rate continuously since November 2009 ...

Rae

99% certain it is 6 months from the date of the [failed] medical. Hopefully someone more clued up than I can make that 100%. As soon as I failed my last tribunal I reapplied for ESA without problem and, if history repeats itself, will do so again ...

Rae

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Hiya I just wanted to say I really hope you win at the tribunal good luck... because Iv just failed my tribunal and was just told I can't claim jobseekers allowence because i cant work and I need to re- apply for ESA I could scream because they stopped my ESA last week and now say its ok to claim it. I feel Like they have done this so they don't have to pay my backdated money .. I hope you get someone who is really understanding and understands your illness I think that was my problem the man didn't understand my illness.

 

good luck

Mandy

 

Now we get to the heart of the matter. They want to save money but they can't have people failing medicals and appeals then going onto JSA!

My God that'll push the unemployment figures through the roof!

 

"I know, we'll let them claim ESA again after 6 months, that way we still save lots of money. but the unemployment stays the same, or at least doesn't rise as much as it would.

Its a win win situation.":evil:

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