Esa Appeal turned down, can't claim Jobseekers allowence help me!!!

[leemack]

When you say you appealed - do you mean you went to a tribunal, if so when?

[leemack]

To find out why they didn't award you enough points, write to the tribunal service and ask for a statement of reasons, this should explain their decision. Very occasionally you can find an error of law in the statement of reasons which can allow you to appeal further - but this is quite rare. Did you have any help with the tribunal?

 

If your original esa decision (the one following your medical) was more than 6 months ago, then you can reapply for esa, even for the same condition - you were told the wrong information. Also before the next medical do some research on the net about medicals, there is also a sticky on this board about how to approach them to give the best chance of success. Also to cover yourself in case of a bad interviewer (which most are), by having the interview taped.

[leemack]

Unfortunately if the evidence doesn't relate directly to the descriptors then appeals can be easily lost. Some tribunals will go out of their way to find points they can award you, others expect it spelled out to them. Its down to the prep work before the tribunal, strong submission, pulling apart the atos medical report, providing good written evidence from medical professionals, and giving strong oral evidence.

[leemack]

Your doctor's logic is flawed. If he feels that you're unfit for work, he needs to provide you with the sick note.

[leemack]

I was told by my advisor in the jobcentre (the ones you have to see every so often) that even if you are turned down at tribunal you can still appeal that and keep on appealing each time you are turned down- OK so you wont get the extra £25.00 per week but at least you will get something

 

Unfortunately some of the jobcentre advisers think they understand the system but actually don't. Even if you appeal a tribunal decision further on a point of law - you still have to reapply for benefit as the appeal payments end with the first tribunal.