Resigned from job due to illness...will I get benefits??

[Big Shoooz]

So is it best to just tell them that it's in their best interest to pay it without further delay as they are breaking the law because they had agreed to pay it on 15th March and see if that provokes a response?

The response I have had today is that it will be paid as soon as the company Payroll has been redone and there is no need for me to contact the managing director over this matter (like I had threatened) because he can't get the payroll done any quicker.

I'm not sure the MD knows what is going on but if he knew he was breaking the law I'm sure he would just sort out my pay straight away and then get the payroll re-run.

[elpulpo]

yeh, I would.

[dx100uk]

sev threads on basically the same subject merged

 

dx

[ad23]

if you are to be made redundant and the employer requires you to work your notice period:

You are entitled to full pay if off sick during this period regardless as to whether your company has a sick pay policy or not,( as long as you have provided a doctors sick note)

But if you go sick for a reason that would have jeopardised you returning to work then your employer could challenge your right to sick pay.

[Big Shoooz]

Hi, I've been looking through other posts in the hope my question will be answered but I'm still confused so needed to start this thread (sorry!).When an ESA/ATOS medical has been failed, should I just put the minimal amount of information on the GL24 form to state why I disagree with the medical report and DWPs decision?My understanding is that the GL24 is just the initial form to say that you disagree with the decision so that DWP will look into it and hopefully reconsider it and that it's only necessary to pick out every single inconsistency in the medical report if the DWP don't change their decision and so you then need to go to a tribunal. Is this correct?

[honeybee13]

Hello there. Yes, I think you've understood it right. At least, if you haven't then I haven't!

 

As you say, you don't need to put much on the GL24, but I only ever filled in the one myself. I hope someone in the know will be along later to suggest how much to say.

 

My best, HB

[Big Shoooz]

Hello there. Yes, I think you've understood it right. At least, if you haven't then I haven't!

 

As you say, you don't need to put much on the GL24, but I only ever filled in the one myself. I hope someone in the know will be along later to suggest how much to say.

 

My best, HB

 

Hi HB, thanks for your quick response. Did you not have to go to a tribunal after filling in your GL24 form?Will I be ok to say on the GL24 that I disagree with DWP's decision because there are inconsistencies between my medical questionnaire and the ATOS medical report which means I should have scored more points or do I have to list all the consistencies one by one at this stage?

[honeybee13]

Hello again. Yes, I ended up at a tribunal, but had to go through the request for reconsideration [GL24] first.

 

What you're proposing to say sounds reasonable to me, but it would be nice if someone with more experience would comment for you. I've seen leemack and Erika today, so hopefully they'll be around later.

 

My best, HB

[ErikaPNP]

You really should submit as much information as possible with the GL24, or write on it that more information will follow if you are running out of time to get your appeal in.

 

Not giving all of this information to DWP means that they are less likely to be able to revise the decision in your favour. They reconsider every case before sending it on to tribunal, but the more information they have in support of your claim, the more likely it is they will revise in your favour, and you won't have to go to tribunal. Not providing enough information often means you'll have to wait months to get an appeal date - thus waiting months for your additional benefit, and it causes uneccessary delays in the tribunal system for others.

[leemack]

You can also put in the GL24 with minimum information but stating that you will be sending further supportive evidence within x weeks - say 2-4, not more than 4 weeks. Many decision makers will give you some time to present it, though its not a guarantee. With ongoing ESA dependant on having made the appeal, it is difficult for some to wait for evidence from their doctor that may take a few weeks, before needing to put in the GL24. Also at this stage, some don't have the atos report.

 

Getting evidence in early, the less likely you are to have to go to tribunal. It didn't used to be this way for incap or ESA, they were rarely overturned before tribunal, but with the push lately to avoid the excessive Tribunal numbers by the DWP, there is a real chance to get decisions overturned early.

[Big Shoooz]

My partner and I are on a couple claim for ESA. My OH is the claimant. He has failed an ATOS medical, appealed and won his tribunal 6 weeks ago (but still awaiting ANY contact from DWP to confirm he will receive backdated payment).

We have some questions now because at the moment we are in limbo, waiting for DWP to confirm what we should do next:

 

1. Is it normal to wait more than 6 weeks for DWP to confirm they acknowledge the appeal was won and that backdated payment will be given?

 

2. The appeal decision stated that my OH is "entitled to ESA with the work related activity component".....does this mean he is now in the WRAG? If so, what does it involve?

 

3. Does my OH still have to get a fit note from his GP every 4 weeks or can he now be put on repeat prescriptions for his medication and only visit the GP for check up say every 3 months? Also, if fit notes are no longer required, will there come a point when DWP will request them again? Will his GP still issue them after a gap?

 

4. I have also always got a fit note from my GP every 4 weeks although DWP say they do not require them, but I have got them in case my OH failed all the medical/appeal and then I had to become the main claimant. Should I also now stop getting the fit notes and ask to be put on repeat prescriptions for my medication?

 

5. The DWP didn't send their usual reminder letter for a fit note the last time one was due.....can we assume this is because they are aware my OH won his appeal and so no longer needs to send fit notes?

 

6. How long will my OH be in the support group he has been put in?

 

7. What happens about my NI contributions? I understand my OH is covered because he is the claimant but will I not be contributing now and therefore affecting my state pension (if its not already abolished by the time I get to that age!!)? Should I be informing my tax office that I am on an ESA claim?

 

Sorry for so many questions, hope you can answer them!

[Nystagmite]

With regards to fit notes - once you've been put into a group, you don't need to send fit notes in.

[**Margaret**]

Big Shooz:

 

1. Yes. Could be two to four months, such is their backlog and reluctance to pay.

 

2. Yes. Unlimited work focused interviews but, for the moment, he can't forced to apply for work.

 

3. No. Once Jobcentreplus have acknowledged the decision, preferably in writing!

 

5. No. Don't assume Jobcentreplus know until you've received a written acknowledgement of the decision. No unfit note may mean no assessment rate till they've caught up.

 

6. No idea. Was the ESA85 in the bundle from Jobcentreplus? Should be a prognosis towards the end of it.

 

4. and 7. Need more detail than should be put on an open forum.

 

Congrats on staying the course and winning at tribunal.:whoo:

 

Best wishes to both of you, Margaret.

[chelle123]

Hi Big Shooz..I won my tribunal and received notification of the decision on the 8th June..Having waited 6 weeks and receiving NOTHING from the D.W.P. I rang them..They told me it would take seven to ten working days to sort it all out.

 

That came and went with still nothing, so I rang them again. This time, I was informed that because of staff shortage, and a backlog of paperwork, it could be up to another 2 weeks before I receive anything. It has been nearly a year since I failed the W.C.A. and cannot believe how long it is taking to sort out.

 

Just thought i'd share this with you, so you know you're not alone..

 

Sorry I can't help with your other questions, but finally, I was told NOT to stop sending fit-notes in, until the D.W.P., or jobcentre tells you to.

 

All the best..Chelle123

[Sparks_]

When I passed my medical assesent the DWP didnt change my ESA rate till I phoned them, they claimed they hadnt been informed! But they did correct it and pay me the behefits they owed me that day!