Right, where do i start. let me give the facts first......

1.Attended first atos medical on 15th Feb 2011

2.Informed on 2nd march 2011 that i had gained 0 points and therefore failed!

3.Re-considered on 4th April 2011-but not revised (I cant remember what this meant on the paperwork, assuming i had appealed against point 2 above)

4.Again,I appealed against this and tribunal was 14th June 2011 ( i did not attend due to ill health)

5. I was informed on 30th July 2011 that i had lost at tribunal and ESA had ceased, along with my support for mortgage interest payments and council tax benefit.

6.I called jobcentre plus yesturday and was advised to do a rapid re-claim for ESA which is being processed ....

ok, my questions are as follows:

1. can i appeal against the most recent decision or is this final?

(as i will be awarded back-dated money from last october 2010 should i be awarded the entitlement, i have more evidence since the very original medical, i,e, change in medication, pschyatry letters, DLA awarded for care and mobility a few months back-back dated from last october 2010)

2. if point 1 is not possible what do i do from here? with the ESA rapid re-claim that the jobcentre said i am entitled to do, can i still have the same illness or does it have to had deteriorated or different illness all together?

3. They say it will take upto 2 weeks to "process" my application. does that mean i will get a final decision or do i need to attend another atos medical? does that mean i will not recieve any money until this is all done? this could take month, no? what do i do for money till then?

4. what happens if i do not qualify? JSA is not an option for me as i truelly not able to work, i have an element of shame in my illness/mental state etc and i do not see how i would be expected to enter into a working enviroment....

5. I have read on the net that people have opted to just not do a rapid re-claim and just claim JSA as an "easier" option but how can i apply for something if im not in a fit state to attend interviews etc? does that mean i will just be left with no money for lifes basics if i do not qualify for ESA?.....

6. what does this "six month" wording come from that i have read on forums?

I am so anxious and distressed and just do not know where to turn or what i will live on as the ESA Payments have ceased obviously......crisis help me today but said i only got 2 more applications left by law and this is not even guaranteed...sorry if i am "what,if,when" but i am so stressed.......PLEASE HELP!!

That went to appeal very quickly, confusedbunny, they must be speeding up! Someone better than I should pick this up with further advice. In the meantime, you can appeal the Tribunal's decision but only on a point of law. You can reapply with the same illness six months after the first refusal. However, from what you've posted, your illness has deteriorated so you should be able to reapply instantly. Your re-claim will, I'm sure, be treated as a new claim therefore you will receive the assessment rate, have another atos farcical and keep sending in those (un)fit notes. Welcome to the merry-go-round ...

Rae.

Did they know you couldn't attend due to ill health? As opposed to didn't turn up and didn't say anything beforehand.

Did they know you couldn't attend due to ill health? As opposed to didn't turn up and didn't say anything beforehand.

I think there was an option on the form to be informed by post if couldnt attend in person and may be heard out of local area......

That went to appeal very quickly, confusedbunny, they must be speeding up! Someone better than I should pick this up with further advice. In the meantime, you can appeal the Tribunal's decision but only on a point of law. You can reapply with the same illness six months after the first refusal. However, from what you've posted, your illness has deteriorated so you should be able to reapply instantly. Your re-claim will, I'm sure, be treated as a new claim therefore you will receive the assessment rate, have another atos farcical and keep sending in those (un)fit notes. Welcome to the merry-go-round ...

Rae.

thanks for that reply. so what date do i calculate by? (according to all dates on my original post?) so can i use the same illness?

You can definitely use the same illness as 6 months has passed since your initial claim, get your claim in asap.

6 months is from the date of refusal (in this case 2nd March).

You can apply within 6 months for a deteriorating condition, but they will often make you have an ATOS assessment before they pay you anything.

If you didn't attend the Tribunal and didn't provide any additional information or evidence, then it is highly unlikely there will be an error of law to appeal to the upper tribunal. You do not get another opportunity to provide evidence that should have been provided at Tribunal. If you need to attend another Tribunal, send all evidence in advance, and if you're ill on the day, phone them and try to get the Tribunal rescheduled.

Sorry, but if you need money to live, you may end up needing to claim JSA.

thank you dilizjo, so its six months from my claim back in october 2011? (....and not the from the date of the failed medical?)

thanks leemack, im confused about this six month period and same illness.....so as i was informed on 2nd march that i failed and told on a few days ago that my ESA stopped on 19th july 2011, where do i stand? can i use the same illness then? the rapid reclaim was done on the 1st august 2011 (thats just under six months, does that mean it has to be detoriated illness and if i had waited a few more days it would have been over six months and i could have claimed under same illness?) or have i got this mixed up?

i did submit further evidence for the tribunal but there is even more since then...if i get refused on this rapid reclaim can i then claim JSA then get it backdated from 19th july 2011? i think its not right applying for JSA because i simply cant work at present but other than that i starve!! how stressful!!...............

NO. dilizjo is wrong, its 6 months from the date on the letter telling you of your failed medical.

thanks leemack, im confused about this six month period and same illness.....so as i was informed on 2nd march that i failed and told on a few days ago that my ESA stopped on 19th july 2011, where do i stand? can i use the same illness then? the rapid reclaim was done on the 1st august 2011 (thats just under six months, does that mean it has to be detoriated illness and if i had waited a few more days it would have been over six months and i could have claimed under same illness?) or have i got this mixed up?

 

i did submit further evidence for the tribunal but there is even more since then...if i get refused on this rapid reclaim can i then claim JSA then get it backdated from 19th july 2011? i think its not right applying for JSA because i simply cant work at present but other than that i starve!! how stressful!!...............

You can use the same illness if deteriorated, but you may have to wait till after the atos assessment to be paid.

6 months would be 2nd september not 2nd August.

Backdating JSA will be difficult as you claimed ESA and will have problems proving the availability for work conditions.

You can request a statement of reasons from the Tribunal, and look for an error of law. But the likelihood is that there is none if you haven't attended.

The tribunal can only look at your condition as it was on the at around the time of the assessment you had. Any evidence since then re the deterioration would not have counted.

thank you leeback. so basically i have to go with it now and await to go for a medical but that will take months, will it not? what do i live on until then? im at wits end!....so would i be better cancelling rapid reclaim, claim JSA for one month then re-apply for ESA on 2nd september 2011? (the JSA is abit sticky area as i would only be applying so i have food etc and would not be fit to work and that is technically wrong reasons....grr, sorry for all the questions...)

You're the only one who can make the decision on whether to cancel the ESA and claim JSA. But the reality is that you won't be paid on your ESA claim until you have been assessed as you are within 6 months. If you do claim JSA you will have to state that you are available for and actively seeking work for that month.

Its not a good position for you to be in, but unfortunately these are the only options available to you.

You're the only one who can make the decision on whether to cancel the ESA and claim JSA. But the reality is that you won't be paid on your ESA claim until you have been assessed as you are within 6 months. If you do claim JSA you will have to state that you are available for and actively seeking work for that month.

 

Its not a good position for you to be in, but unfortunately these are the only options available to you.

Thanks again leemack. so if i call them tomorrow and go on JSA, can i do that for one month then apply back for ESA? I am depserate and need to make the decision fast. will they backdate my money from 20th July 2011 then or have i messed it up on a rapid reclaim for ESA in panic?

You can ask for a backdate, you have nothing to lose, but I doubt very much it will be awarded.

You will need to get your ESA claim closed down by withdrawing the claim before they will let you claim JSA. You may need to do this in writing, but when you call, they will tell you what you need to do.

Yes, once you get to 3rd September (if the 2nd March was the last day of your ESA award) then you can get a med cert and claim ESA with no worries about being paid.

i have spoken to them this morning and they say the six month starts from 14th june 2011????? is this right? referrring to the initial dates in my very first post at the top......i thought it would be march 2011? please help, are they right? does that mean i will have to claim jsa till december 2011?

I have now switched to JSA and await for it to processed, i have an interview now next week, how do i approach this....do i say i am "willing" to work but actually trying to will be impossible?....and even though i have claimed jsa shall i still send in my medical certificates?..this is all a complete nightmare!!!

You won't need to send in medical certificates.

i have spoken to them this morning and they say the six month starts from 14th june 2011????? is this right? referrring to the initial dates in my very first post at the top......i thought it would be march 2011? please help, are they right? does that mean i will have to claim jsa till december 2011?

 

I have now switched to JSA and await for it to processed, i have an interview now next week, how do i approach this....do i say i am "willing" to work but actually trying to will be impossible?....and even though i have claimed jsa shall i still send in my medical certificates?..this is all a complete nightmare!!!

No they're wrong. 6 months starts from March.

thanks leemack. shall i send in the medical certificates still anyway? (as i have every intention of converting back to ESA in Sept) or will this contradict my JSA claim?

I have an interview next week with the jobcentre due to my now JSA claim, how do i approach this....do i say i am "willing" to work but actually trying to will be impossible?....this is all a complete nightmare!!!

No don't send in med certs.

If the jobcentre adviser doesn't believe you're available for and actively seeking work - your claim won't be approved.

You can ask for a backdate, you have nothing to lose, but I doubt very much it will be awarded.

 

You will need to get your ESA claim closed down by withdrawing the claim before they will let you claim JSA. You may need to do this in writing, but when you call, they will tell you what you need to do.

 

Yes, once you get to 3rd September (if the 2nd March was the last day of your ESA award) then you can get a med cert and claim ESA with no worries about being paid.

Leemack, ive back tracked abit and need clarification on this date of when i can claim ESA again (after 6 months)...you say......"if the 2nd march 2011 was the last day of your ESA award"......i was notified on 2nd march 2011 that i failed the medical, so i appealed and continued to recieve ESA assessment rate right up until 20th july 2011 until i got told i lost the tribunal (then payments stopped completely!).......does that mean i still can claim from 3rd september 2011 with the same illness?

Yes, that's right.

You need to understand that the people that take your claim are not very well trained in benefit law - they don't need to be, they follow a script on a screen and only need basic knowledge. They don't make the decision on your claim, a separate decision maker does.

When you do make your claim in September, just be insistent about them taking your claim, and any details will be sorted out by the decision maker.

I am suspicious, as its not the first time I've heard of people being told this '6 months from appeal' story, and its not acceptable. If I were you, I'd consider putting in a complaint about being misadvised.

Yes, that's right.

 

You need to understand that the people that take your claim are not very well trained in benefit law - they don't need to be, they follow a script on a screen and only need basic knowledge. They don't make the decision on your claim, a separate decision maker does.

 

When you do make your claim in September, just be insistent about them taking your claim, and any details will be sorted out by the decision maker.

 

I am suspicious, as its not the first time I've heard of people being told this '6 months from appeal' story, and its not acceptable. If I were you, I'd consider putting in a complaint about being misadvised.

Thank you leemack. thats great relief for me! yes, thats very wrong and many people on the wrong benefit then....very strange...when i go to apply in september 2011 and they cause me a problem i will stand my ground and say its from original date of first being informed of failed medical. not tribunal date like they say!!..thank you so much!

Sorry Leemack if my info was wrong but I reclaimed with the same condition that on paper had not detriorated at the request of JCP, within 4 months of failing my first medical and the claim was accepted and processed with me providing a new sick note. Since then medical has been passed and am in a WRAG

Sorry Leemack if my info was wrong but I reclaimed with the same condition that on paper had not detriorated at the request of JCP, within 4 months of failing my first medical and the claim was accepted and processed with me providing a new sick note. Since then medical has been passed and am in a WRAG

Was your condition worse after those 4 months?