ESA problems - very confused here!

[jackieandwayne]

I've been off work since April last year, bullying made me ill, al being dealt with and I am now just waiting to see a psychiatrist for several sessions. I am still very much employed in my job, because the employer can see how silly then would be to dismiss me.

 

I had SSP until November 6th, then I applied for and got the contribution based ESA at £64.40 a week. 2 weeks ago I attended one of those medicals in connection with getting the higher rate of £89. I got a letter in the post today to say that I no longer qualified for any ESA, never mind any extra money and that I must now sign on!

 

I cannot sign on as I am employed and not available for work. What on earth do I do now? I am furious because I have worked for 32 years and never claimed a penny in benefits and now they are telling me that if I won't sign on I must starve!

 

I know I can appeal which I will do, but in the meantime, where on earth do I get my benefits from?

 

This is all totaly alien to me, I've never been in this situation, and am completely lost with it!

[MARTIN3030]

Not sure on this one,but I am sure someone will give some thoughts.

[MARTIN3030]

Anything here ?

 

The Employment and Support Allowance Regulations 2008 No. 794

[ErikaPNP]

Hiya. During an appeal for ESA on the grounds of the medical, you will be entitled to receive ESA at the assessment rate, right up until the final determination of the appeal.

[jackieandwayne]

Thank you Erica, this is such a muddle! If my appeal fails, have I really got to go and sign on? Because if I do then I'm lying by saying I'm available for work.

 

Thank you for that document Martin, I've skimmed through, will have to do so again to fully digest it. But it is one to keep safe for the future.

 

The other thing that is confusing me is that I have been ordered to go on Tuesday to a Condition Management Programme and I'm worried that whatever they try to do with me may conflict with the psychiatric treatment I am about to start. I suppose all I can do is tell the woman and show her my letters, OH assessment etc

[RaeUK]

jackieandwayne, please don't worry.

Get your appeal in asap you only have one month to notify the DWP. As soon as DWP know you want to appeal your ESA will be reinstated at the assessment rate, as Erika said.

But you need to do it asap you are losing money by not doing so.

It will be a long time before you get a tribunal date. I appealed in August last year and am still waiting for a date...

Best wishes.

Rae.

[jackieandwayne]

Thank you Kelcou! I feel better now. I shall pop along to the Job Centre on Monday and get this appeal form, and then ring the DWP and tell them it is on its way.

[honeybee13]

Hi there. I know your thread from the Employment forum and am sorry your problems are ongoing.

 

I assume you've investigated whether your employer has any insurance policy that would pay a certain amount of income if you're unable to carry out your job for, say longer than 6 months?

 

I'm sure you'll have plenty of help on your benefits appeal.

 

My best.

[jackieandwayne]

Oh Honeybee don;t get me started! They certainly do have an Employee Assistance Scheme, and last July i was turned down for it! Apparently they said i was not ill, and i am the only person in the history of this policy to be refused it!

 

It was very satisfying last Monday to be able to sit there and do the Spike Milligan thing "I told you I was ill" as the OH/GP report was being discussed round the table! I will be fine, I know this now, they are in a very unpleasant corner right now and the ball's in my court.

 

However, these things take time and in the meantime I have paid into this blessed social system for 32 years, and I was furious to think that I was only going to be entitled to 13 weeks money! And its an interesting point, what will the social do with me, because I am employed albeit unwell, so i can;t sign on as available for work, and if they were to insist I resign I'm sure that would be a no no for interfering with my legal rights!

 

Thanks everyone who's helped me out.

 

Thanks everyone for your help.

[honeybee13]

Hi there.

 

I believe, unless the system has changed, you can claim 'sickness' benefit from the DWP if you're unable to perform your normal occupation.

 

The same should apply to the Employee Assistance scheme/policy. Depends on what type of policy, but an income replacement type on should make an allowance for any State sickness benefit.

 

My best, HB

[jackieandwayne]

Well the plan they have at my place is after 13 weeks this policy kicks in, and you get 75% of your salary less IS whether or not you get it. I was due this around mid-July 2009, then they turned me down. I believe it is because I told every professional I had to see that I had been suffering from bullying at work, and they've probably advised my employer not to pay out as I have a claim against them! At that time I was not really concerned about settlements etc., just wanted the bully gone so I could return. But now, months down the line, I am going for the jugular and they know it.

 

And the social staff hadn't better muck me about over this form I need this morning - I forgot to pick up my prescription last week for HRT so I've been 5 days without it! God help them.

[honeybee13]

Hi there Jackie, I'm guessing, given your mood!

 

I don't see why the employer's policy shouldn't pay out. Please PM me if you want more information on this; we challenged my own similarly intransigent insurance company and won.

 

They might be worried about the bullying issue, but that's not your fault. The HSE have a thing or two to say about it, can't remember if you looked at that before.

 

Good luck today, or should that be the social staff?

[jackieandwayne]

Appeal done, posted off before 12, and all social staff safe and well! Now lets wait 6 months to see what they come up with!

 

Right, now to deal with the insurance company.............

 

Cheers chaps

[RaeUK]

well done jackieandwayne.

I can send you some of my patches if you're desperate!

Best wishes.

Rae.

[jackieandwayne]

Thank you rae, have now got prescription and should be back on the planet in about 48 hours!

 

Honeybee, I shall e-mail you shortly, have to go out just now. Thanks to you too.

[jackieandwayne]

Update, I have had a standard letter (I think it is anyway) saying they have received my appeal, and that they will look at the decision again. If they can change the decision in my favour they will lapse the appeal and write to let me know.

 

Now, is this just a computer talking to me at this stage, or has someone human actually looked at my letter and medical notes?

 

Lets see what happens next!

[ErikaPNP]

Someone will have received your appeal, checked your computer record and recorded your appeal as "received" on the computer system. They will then request your case papers back from filing (they may no longer be on site) and will look at all of the evidence as well as anything you have submitted with your appeal to reconsider the original decision. They won't have as yet looked at the original papers.

[jackieandwayne]

Thanks Erika! I thought I knew a lot, I really did, then I entered the social security system!

[jackieandwayne]

Quick update, got a letter today to say they cannot reverse the decision so its a been sent off to the appeals tribunal or whatever. So maybe sometime about next Xmas I'll get a decision. Will keep you updated!

[RaeUK]

At least you know you have plenty of time to prepare for the tribunal

Best wishes.

Rae.

[chipsnmayo]

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

[Helen2264]

I've been off work since April last year, bullying made me ill, al being dealt with and I am now just waiting to see a psychiatrist for several sessions. I am still very much employed in my job, because the employer can see how silly then would be to dismiss me.

 

I had SSP until November 6th, then I applied for and got the contribution based ESA at £64.40 a week. 2 weeks ago I attended one of those medicals in connection with getting the higher rate of £89. I got a letter in the post today to say that I no longer qualified for any ESA, never mind any extra money and that I must now sign on!

 

I cannot sign on as I am employed and not available for work. What on earth do I do now? I am furious because I have worked for 32 years and never claimed a penny in benefits and now they are telling me that if I won't sign on I must starve!

 

I know I can appeal which I will do, but in the meantime, where on earth do I get my benefits from?

 

This is all totaly alien to me, I've never been in this situation, and am completely lost with it!

 

I too like yourself been working over the years since leaving school without claiming benefits just couple of times when i had my children but went straight back to work when they reach nursery and reception school age. You as as alien to benefits as myself i've just been told i am claiming the wrong benefit all along the job centre even put me under the ill health dept where i've been told not to look for a job because i am not well enough for work so i shall investigate further where i should be.

 

I failed my esa medical without even an examination anyway i have a letter from the dwp saying they may have made a mistake with my benefit, please enure you get the right benefit straight away.

 

I wish you the best perhaps seek help from legal aid.

[jackieandwayne]

What on earth has happened to this site? I can't find anything.

 

I just wanted to let you guys know that I had my appeal 17-8-10 and won. It took 10 minutes and a letter from a consultant psychiatrist. Only a solicitor and GP and receptionist present. Of course its impossible not to be nervous etc., but looking back it wasn;t really anything to worry about. They said the letter i took with me was very useful.

 

Anyway, thye have put me in the support group and I understand I will now get back paid to week 13/14? How long does that take I wonder! And how long before I get another medical and here we go again!

 

Well, good luck to anyone who has to go to one of these, and for anyone thinking about it, just do it - there;s nothing to lose anyway.

[ErikaPNP]

Well done you on winning your appeal - I like it when people come back to tell us their appeal was successful - it encourages others not to give up, and provides reasurance that it can be done - so thank you for that.

 

It can take up to 6 weeks for you to receive the backdated monies that you are due.

[Surfer01]

I am glad to find someone else who has had the problemd of moving from SSP to ESA. Seems the government never took this into consideration when deviisng their ESA program.

My wife who has oestoarthritis will shortly be in a the same position, employed but claiming ESA. If she fails the medical etc, how can she sign on available for work if she is employed? Her current employer can demonstrate that they do not have another suitable vacancy for her.

She doesn't want to resign as she has a very good occupational pension with the company. Apologies for the hijack but have raised another thread on this but with no suitable replies.