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no benefits since failed medical

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hi everyone


i failed my medical for incapacity benefit back in early july. i did apply for jobseekers allowance as i really want to work. unfortunately due to my condition i only attended the first basic interview and my nerves just couldnt take it (i have severe anxiety amongst other things). never did sign on. i then applied for employment and support allowance last month but have to attend another medical for this which seems to be taking ages for the appointment to come through. i have handed in 4 doctors lines in this time. also i have appealed the incapacity medical results but the appeal isnt 'til february. i have had no money except two crisis loans since july, 40 pound each. luckily my mum has been supporting me but even she is in dire straights now (she is on a state pension). i have just been told by the ESA lady that if i fail this next ESA medical then thats it - no money whatsoever unless i go on jobseekers which seems kind of wrong considering how ill i am. i asked about getting the reduced rate until my appeal is heard and the lady from ESA told me i cant get that. i asked her does this mean i have to get no money whatsoever and she says yes, everything is changing and a lot of people arent getting anything. This seems wrong to me and the lady who is dealing with my appeal (from a local voluntary organisation who specialise in these cases) agrees.

ive been on the phone to ESA, income support, new claims and up the jobcentre all the time. getting absolutely nowhere. the ESA / processing department lady on the phone there even told me ive appealed before which i havent as i have never been kicked off "the sick" up until now. She did go away and came back saying oh you were right! the people in the jobcentre are telling me one thing, the ESA ppl on the phone are telling me another! meanwhile im on the verge of homelessness. anyway im sure i should be getting a reduced rate benefit until my appeal is heard. can anyone advise me on this please?

thanks all!

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you are ENTITLED to claim Income Support at the reduced rate untill your PCA appeal is heard by IB

Ring up ask to make a new claim for IS with your condition of entitlement being your appeal. You will have no problem, if you havent received any money since your IB finished then ask for backdating of your I.S to that date in July,

You may not get it but state your reasons as you werent informed you could claim I.S.

You would get £52.35 a week if over 25, not a lot but at least some money. This is assuming you are single and have no savings over 16k.

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ahhh thanks mike!

i am going to cancel my claim for ESA and do as you have advised. I did try this and wrote a letter stating that i wanted to cancel ESA and claim IS and when i went up to the jobcentre to get them to fax said letter to main office the lady said not to do that for some reason i cant remember. driving me (further) round the bend this carry on!

Cheers for the reply mike will keep you'se updated.

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you phone the contact centre, make your claim to I.S on the phone, they will complete the forms over the phone with you, ask for the backdating when you make the claim, then cancel the claim to ESA.

It shouldnt take long to process, dont write a letter to claim I.S you have to phone, and your grounds are claiming because of your IB appeal :)

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yeas mike but apparently i have to cancel my ESA claim first *then* make the claim for IS as i cant be claiming for two benefits at once. The guy on the phone did tell me I could continue to claim for ESA or do as you have said. But then the jobcentre lady says i cant do this???? :???: I am going up directly so totally psyching myself up, gonna try and stay calm lol :oops: (last time i went up i was so angry they had two security guards following me about the JC. not abusive or cheeky just visibly raging lol) *very embaressing*

my mum (who has never signed on in her life) is going ballistic saying it doesnt work that way. this is what i mean; im being told all different things by all different people both professional and otherwise. my condition was actually getting better, much better, over the last 2 years until this happened. Seems really unfair, its not like ive never worked man i gave three yrs of my life serving Queen and Country (where a lot of my problems stem from). my heart goes out to the poor souls who are stuck on their own in a situation like this. :sad:

*rant over* lol

ah well here goes, thanks again mike

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cheers mike!

you know I did have a not bad day - the staff at the jobcentre were even friendly for once!!!

wonders will never cease!

Explained the situation to the usually grumpy girl and she agreed with the advice you gave me and was very polite about it. made my day to be honest.

So hopefully after over three months of having no clue what to do and being told a lot of rubbish by the so called professionals i think im getting some where. The claim for reduced rate IS is in and I should hear back in the next week or so.

Heres hoping!

Will let you know how it goes.

Thanks again and all the very best to you!

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glad you finally made it :) you should get your claim processed fairly quickly now.

Hope you remembered to ask for backdating, if not you can still request it, put it in writing and give reasons to support your request.

If and when you win your appeal, you will get all arrears of your IB minus any IS you may have been paid, the appeal process can take at least six months

But at least you will have some benefit coming in.

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