ESA stopped pending second appeal!

[YorksKate]

Can anyone give me any advice on what to do when the DWP have left someone with no money at all pending a second appeal. My partner (we don't live together) has had no money at all this week, which has meant that apart from having no food, gas and electricity he's also having to miss a court date where the local council are trying to prosecute him for non-payment of council tax despite him having been on full Housing Benefit for the period they're claiming for!

[DanscoCAB]

Try Crisis loans the number will be on the Internet or speak to CAB or advice service.

[YorksKate]

The messing about from the DWP has gone on for so long now that he's up to his limit on crisis loans - there just doesn't seem to be any way out at all.

[RaeUK]

Could the OP possibly elaborate? For example, what do you mean by 'second appeal' and why? The lack of advice is more than likely down to the lack of us understanding exactly what is going on ...

[Nystagmite]

When appealing, you need to have a valid fit / sick note. Does your partner have a valid note?

[estellyn]

Do you mean second appeal, as in second time failed a WCA and had to appeal and go to Tribunal, or second appeal as in appealing the first tribunal decision?

[YorksKate]

He failed the WCA, then the first appeal, despite having all the right medical evidence - so now he's going through the "appealing against the appeal finding" thing.

[estellyn]

He failed the WCA, then the first appeal, despite having all the right medical evidence - so now he's going through the "appealing against the appeal finding" thing.

 

You don't get paid ESA while 'appealling against the appeal' - he would need to make a brand new claim to ESA if his WCA decision was more than 6 months ago, and if less than 6 months ago prove that his conditioned has worsened in order to make a new ESA claim.

[RaeUK]

Well that certainly explains things, thank-you. If he failed at Tribunal then he can only appeal on a point of law. Something, if I understand things correctly, that is a durned hard thing to do. So the advice to reclaim holds merit. Obviously. Down the snake, I'm afraid and start all over again. But this time, whatever the ailment, the illness, the disability, look at it from a changed perspective. Back in the old days, if you were ill or disabled, the country said don't worry. We will care for you. Today that has changed and the feeling has flipped on it's axis. If you are ill and disabled, the country says prove to me you cannot work. Why should I look after you? Today, sorry, it is down to us the disabled, the ill, the poor to say why we deserve the alms of the better off. It can be done but the rules have changed dramatically ...

[down'n'out]

Back in the old days, if you were ill or disabled, the country said don't worry. We will care for you.

 

It was a case of "pay your NI and if unemployed/ill you get social security". It worked similar to an insurance policy.

Now, you pay NI and if you become unemployed/ill they put forward you expect something for nothing. That is why they renamed unemployment benefit to JSA, making it out to be an allowance while searching for a job. Become ill, no longer is a certificate[of illness] from your GP any good, you need to go to a 3rd party who will try their (with DWP) best to show you are not really ill, and fit for work, or some work.

 

There is a "expect something for nothing" culture, it is the bankers, large corporations and MPs.

[abc123def]

Not sure about the OP, but I've noticed many people think that when they get the WCA decision and they say they are going to appeal, that the decision maker looking at it again is an appeal. Then when the DWP don't revise the decision and the appeal goes on to Tribunal that that is a second appeal. Which it isn't. Not sure whether this OP has made that mistake or not, or whether they are appealing a Tribunal decision and going up a tier on a point of law.

 

Perhaps they could clarify.

[YorksKate]

Thanks people, that's really helpful, I'll tell him about reclaiming. Knowing we aren't alone is good too. The whole system is screwed it seems, if only the DWP would stop treating the sick as scroungers and give some decent support then more people would be back into work - especially people with depression and illnesses that are stress-related or exacerbated by stress, which the system just adds to. My partner had a back injury at work, which is why he was originally off sick - now he's on anti-depressants and not eating because he's so on edge the whole time ... not that he can afford to now anyway.

[abc123def]

YorksKate, has he actually been to a Tribunal? If so, what point of law is he appealing against?

 

That would answer my question is post #11

[worried33]

yes try to clarify if its upper tribunal appeal (proper 2nd appeal) or normal tribunal.

[YorksKate]

I'll check with him about what the appeal is based on - he has got legal representation though, so presumably the guy has something to work with.

[**Margaret**]

YorksKate:

 

Maybe our info will be better as a timeline.

 

1. ESA65 disallowance notice.

 

2. Ask, via letter or phone, for a reconsideration (often mistakenly called an appeal).

Jobcentreplus reconsider the decision but hardly ever revise it. Move on to 3.

 

Or

 

3. Formally appeal the decision in writing (letter has to include the word 'appeal') or by completing a GL24 form.

Jobcentreplus reconsider the decision but hardly ever revise it. The appeal is sent to the Tribunals Service. Claimant can ask doctor for a Med3 (unfit note) and apply for assessment rate employment and support allowance.

 

4. First tier tribunal.

 

5. Appeal to upper tier tribunal against an error of law. Can't appeal against matters of fact. Most appellants need professional advice and representation. Employment and support allowance isn't payable pending an upper tribunal hearing.

 

Hope I've not missed anything out. Margaret.

Edited September 14, 2012 by **Margaret**

[estellyn]

Not sure about the OP, but I've noticed many people think that when they get the WCA decision and they say they are going to appeal, that the decision maker looking at it again is an appeal. Then when the DWP don't revise the decision and the appeal goes on to Tribunal that that is a second appeal. Which it isn't. Not sure whether this OP has made that mistake or not, or whether they are appealing a Tribunal decision and going up a tier on a point of law.

 

Perhaps they could clarify.

 

Good point!