Esa / jsa

[down'n'out]

Hello,

 

Came across this forum while trying to find info. Some great info/links here, thank you. I am still a little uncertain about steps in the process, so hope you don't mind my asking?

 

I have been on long term IB (depression/anxiety) and had the interview with ATOS for ESA at the beginning of the week. As they did not actually ask any questions about my illness, I can only presume I will be yet another classed as work_shy and need to get a job.

 

I have read about the appeal process, but need a little more clarity.

If I receive no points (or not enough points) and ESA claim rejected by letter, will I also receive (with that letter) the forms for the appeal at the same time? Would I first need to ask the reasons for the rejection? Would I need to get a medical sick_note from the date of the ESA rejection letter?

 

If I was to decide to go and sign on for JSA, I believe there is a waiting time period before claim can be made, what is that time period now? If the letter concerning the failed ESA was, for example, received by me 5 days after date on letter, would I also lose that time period for any benefit?

 

Sorry if this as been covered some where, I have looked, but am getting more confused the more I read.

 

Thanks for any help,

 

Regards,

[Dilizjo]

Hi,

Speaking from experience when I have recieved the news that I have not been awarded enough points for ESA they have not included the relevant form, I have phoned them and requested a form and a copy of the the assessment report and yes I would get a fit note from your GP.

 

Hope this helps.

[down'n'out]

Hi,

 

Thanks for the reply.

 

A "fit note", is that what they call them now? I do not have much confidence in doctors these days and currently avoid them when possible.

 

I did find a link in another thread showing the descriptors for ESA. If ATOS entered the info correctly, then I should be placed in a support group, but I think, going from what I have seen posted, I doubt ATOS put down what was said.

 

I will wait and see, while climbing the walls and panicking about anything and nothing, as I usually do these days.

 

Regards,

 

d'n'o

[Nystagmite]

Yes, it's now a fit note you ask for.

 

Would I first need to ask the reasons for the rejection?

 

Yes. Ask for this and then you can get as much information together for your appeal.

[Astro1]

If you go from ESA to JSA you don't get paid for the first 3 days of your claim. They said it counts as a new claim. When i changed from ESA to JSA they deducted the first two weeks payment and the signing on day became the day i would have received ESA payment, so now my payment day is three days later than what it was. I rang them to complain about the lost first two weeks payment but they said all payments were correct.

[insyder]

If you appeal ESA you can stay on ESA. You just need to tell the processing centre that you plan to appeal.

 

If you choose to claim JSA then there is no period to wait. A backdated claim should be made when there is a gap between the end of the ESA claim and the actual letter which is sent to confirm it. These are good grounds for a backdated claim to be allowed.

 

When you transfer from ESA to JSA you do not have the three waiting days. This is only for completely new claims.

 

Astro1,

 

When i changed from ESA to JSA they deducted the first two weeks payment and the signing on day became the day i would have received ESA payment, so now my payment day is three days later than what it was.

 

This looks at first glance like you have lost money but the change of day makes it look like you have lost out. I don't have your records in front of me, of course, but if they say that all payments are correct that usually means that the payments have been right from the claim date up to date. If you don't understand what they say or want confirmation then contact them again or write to them requesting clarification.

[down'n'out]

Thank you all for the replies.

 

 

Regards,

Edited May 5, 2012 by down'n'out

[down'n'out]

Hello again,

 

I presume that my IB will now of been stopped, and will have to wait for decision from DWP?

[insyder]

Don't presume. If you have not received a letter then contact them to check your IB claim has been closed. This can slow down JSA claim processing

[down'n'out]

Hi,

 

Thanks for the reply,

 

Don't presume. If you have not received a letter then contact them to check your IB claim has been closed.

But my IB will already be closed won't it? I am waiting to see if I get ESA

 

 

This can slow down JSA claim processing

Having to go on JSA is certainly a probability. If so, I think I would prefer to wait a few weeks before I find out. As you mentioned earlier in the thread, I will be able to get it back-dated.

 

Regards,

[insyder]

Your IB isn't automatically closed if you make a new claim for another benefit. You may need to put this in writing or confirm it over the phone.

 

You should understand that waiting a few weeks after you know about the stop of IB is not the same as what I said earlier where you are given, for want of a better word, grace, because you were unable to claim earlier because you literally did not know of the decision. Also, no back-dated claim is a given and I would urge you to make the claim ASAP if that is what you intend to do..

[down'n'out]

Your IB isn't automatically closed if you make a new claim for another benefit. You may need to put this in writing or confirm it over the phone.

I have just been searching. I will receive my current benefit until my claim is reassessed (source DWP website)

 

You should understand that waiting a few weeks after you know about the stop of IB is not the same as what I said earlier where you are given, for want of a better word, grace, because you were unable to claim earlier because you literally did not know of the decision. Also, no back-dated claim is a given and I would urge you to make the claim ASAP if that is what you intend to do..

I will not know the decision until they have made it. So why would I make a claim for JSA without written confirmation that that is something I need to do? Are you putting forward it is my responsibility to find out myself if I failed ESA? You stated earlier:-

the end of the ESA claim and the actual letter which is sent to confirm it

Which puts forward receiving a letter, not my phoning for verbal confirmation.

 

.

[MIKEY DABODEE]

you will stay on IB untill they have decided the result of the medical.

they will write and notifiy you, that you have passed or failed.

 

Your IB will cease, If passed the day after IB ceases you will transfer over to ESA, whatever group.

 

If failed then you can apppeal if you disagree, or claim JSA, if you agree with the decision.

There should be no gaps in your benefit.

 

I think you may have taken Insyders answers out of context....

good luck with your result

Edited May 7, 2012 by MIKEY DABODEE

[insyder]

Thanks for clarifying my point, Mikey.

 

Good luck, down'n'out

[down'n'out]

you will stay on IB untill they have decided the result of the medical.

they will write and notifiy you, that you have passed or failed.

 

Your IB will cease, If passed the day after IB ceases you will transfer over to ESA, whatever group.

 

If failed then you can apppeal if you disagree, or claim JSA, if you agree with the decision.

There should be no gaps in your benefit.

 

 

Thanks for the reply.

 

Sorry for my delay in reply, have not been too good.

 

I will wait for either IB to stop going into bank, or until I get confirmation of change, whatever the result may be. I just need to stop worrying, as I am in hospital next week for another check up, so a little concerned with that. The last time I went, they kept me in for a week due to dangerously low blood oxygen level.

 

Take care,

 

Regards,

[MIKEY DABODEE]

so sorry to hear you have not been to good.

You will get notification from ESA about the transfer and whether you have passed your medical, fingers crossed you will,.

You could always ring your BDC Monday, ask for a calll back of IB to confirm the date your IB will cease.

This will then give you the heads up to when your ESA will start.

Its always the next working day.

maybe if you ring Monday then you will know before hospital,

save you stressing,

Good Luck at the hospital...

[down'n'out]

Hi Mikey,

 

Sorry, I should of updated my thread.

 

maybe if you ring Monday then you will know before hospital, save you stressing,

I do not really like to ring them, as I do not have a means to record. I prefer the paper trail. However, I did receive a phone call earlier in the week, which stated I am now in the WRAG. I am now awaiting the letter for confirmation of what was put forward.

Good Luck at the hospital...

Thanks. I am hoping all is well, or should I say, not worse than before.

 

Regards,

Edited May 16, 2012 by down'n'out

[MIKEY DABODEE]

Glad you are well, and your transistion from IB to ESA went smoothly

[down'n'out]

Hi Mikey,

 

I could appeal, but I would really like to get back into work. Unfortunately I do not believe that the WRAG is set up to actually help those with health issues, but only to try and force those into some form of WP.

I am finding conflicting info concerning the rights(or lack of rights) of those on WRAG. As what I am seeing (possibly having to take unpaid work) is going against the regulations 2011 with no sign (that I can currently find) of change in those regulations since then concerning the WRAG and WP.

 

I have no doubt I will be finding out personally over the coming months, all of which I will be documenting.

At least I am not just feeling ill now, I am also feeling quite angry.

 

What joy to have such a caring government.

 

 

Regards,

Edited May 16, 2012 by down'n'out

[MIKEY DABODEE]

keep you thread up dated, sure you will have lots of advice along the way,

one step and a time thats all you can do

[down'n'out]

Hi Mikey,

 

I have been going through the letter confirming my transfer from IB to ESA(wrag). But I am not on ESA(wrag) until next month. I am still on IB until then.

I have read the letter a few times. One point that jumps out at me:-

You are required to attend and take part in work-focused interviews as a condition of continuing to receive benefit. If you do not attend or participate in a work-focused interview your benefit may be reduced.

However work-focused interviews may be deferred if there are good reasons as to why it is not appropriate or of no assistance at that time

I believe it will be of no assistance at any time. So no work-focused interviews.

[down'n'out]

Thought an update.

I sent off for the "reasons for decision". Those arrived a week later.

The report from ATOS, it is quite accurate from what I remember. There are some additions, such as me walking 20 meters in the examination room, transferring between seats, which never happened.

When I phoned asking to be sent the report, I asked how long I was on WRAG, I was told there would be a review, with another WCA in 6 months. On the Medical report (medical report from ATOS, lol), it states that I am unlikely to return to work in the longer term and advises that a return to work is unlikely for at least 2 years. So not sure why another WCA in 6 months.

Oh well,......

[Nystagmite]

The person who did your medical just makes recommendations. DWP have the final say.

[down'n'out]

Hello,

 

If I asked for help to, or just started to look for work (while on WRAG), would I need to change to JSA?

If I did find work but then found I could not continue, would I be able to go back on ESA(wrag), or would I be on JSA, or possibly sanctioned if I lost job due to missing days/being late(due to illness)? or just could not manage and had to leave?

[antone]

Hello,

 

If I asked for help to, or just started to look for work (while on WRAG), would I need to change to JSA?

If I did find work but then found I could not continue, would I be able to go back on ESA(wrag), or would I be on JSA, or possibly sanctioned if I lost job due to missing days/being late(due to illness)? or just could not manage and had to leave?

 

No, you are encouraged to look for whatever work (if any) you can do while you are in the WRAG, so you would stay on ESA. If you find work but aren't sure if you can do it, you could consider the Permitted Work scheme. This allows you to work and claim ESA at the same time. You keep your wages and your benefits, and there's no penalty if it doesn't work out and you have to stop.

 

The short version of the rules: you can, for 1 year, work up to 16 hours per week and earn up to £95 or so; or you can work up to 5 hours per week for as long as you want, earning up to, I think, about £25. In either case you would need to earn NMW, submit payslips and obtain permission in advance. This is available to any ESA claimant - assessment phase, WRAG or Support Group.