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New ESA claim rejected

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Hi everyone,

 

A few months ago I posted about a medical appeal that I lost (thanks to all that replied)

 

Well as I lost the appeal but am still unfit for work at the moment I called the DWP to check the options (after checking here) and was indeed told my options where

 

1. Make a new claim for JSA

2. Make a new claim for JSA until 6 months from the original decision

3. Make a new claim for ESA if your condition has worsened

 

Well after talking to my GP he agreed that my condition has worsened as my suicidal thoughts increased and the medication I was on weren't working, He gave me a new sick note stating "Depression/Anxiety, Worsening depression + anxiety, switching medication"

 

I then sent this along with the claim pack and other relevant information and they received it on 20-11-2012, As they said to give it a few days for it to be processed I waited a week.

 

I decided to give them a call on Monday (26-11-2012) to ask what the status was and was first told they never received it and my original claim was closed (The 0800 number did confirm it on the previous Friday) , So as the lady wasn't really bothered any more she offered a call back.

 

When I got called back they once again confirmed they received my claim and that it was with the decision maker and to call back later in the week.

 

So I called them today (28-11-2012) to ask how the case was going and finally got through at 17:50, And the person on the phone said they closed the claim on the 26th (which was the original one) I then had to explain that I made a new one and he said he'll check again, He then told me that the decision maker decided on the 27th to REJECT the new claim, When I mentioned that my condition has worsened and I stated this in the claim he put me on hold and when he got back just said "Nope..still rejected" and told me my options where 1. Claim JSA , 2. Appeal it , 3. Wait until the 6 months has passed (07-12-2012)

 

I'm going to call them again tomorrow but I was just wondering if anyone knows if what they did was correct and if I should appeal it would I still get paid or do I have to get crisis loans ?

 

It's a bit baffling as there is no point in making a JSA claim as when I tried on line it said you can't if you claimed ESA within the previous month, also by the time they process it will be passed the 6 months so I'd only be wasting time.

 

It's just stressing me out as I've not been paid in over 3 weeks and my money is slowly running out and I'm at wits end again :(

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Hi SVL. Well, on the plus side, it's only a week or so now until you can put in a fresh claim. On another thread, it was mentioned that you need to speak to a DWP advisor to go straight from ESA to JSA. The 'month' delay is, apparently, a fiction created by different systems not being able to keep up to date with each other.

I would have thought - and I speak in ignorance - that you could appeal the ESA refusal and, in the meantime, put in a fresh claim on the 7th of December ...

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Hi SVL. Well, on the plus side, it's only a week or so now until you can put in a fresh claim. On another thread, it was mentioned that you need to speak to a DWP advisor to go straight from ESA to JSA. The 'month' delay is, apparently, a fiction created by different systems not being able to keep up to date with each other.

I would have thought - and I speak in ignorance - that you could appeal the ESA refusal and, in the meantime, put in a fresh claim on the 7th of December ...

 

Correct, there is no required month delay between claims. The problem arises because ESA and JSA are processed by the same computer system, known as JSAPS. You can't have a live claim to both benefits at the same time, and I suspect the online interface simply can't cope with the situation. As a matter of routine, ESA claims are not closed because of a WCA failure because it's a real pain to reopen them. Well, actually, it's not possible to reopen an ESA claim on the system. I could rant about this for days, heh.

 

Upshot is that yes, you can claim JSA starting from the day after the end of your ESA claim. But the online system isn't built to cope with this. So you need to speak to a person.


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Hi SVL. Well, on the plus side, it's only a week or so now until you can put in a fresh claim. On another thread, it was mentioned that you need to speak to a DWP advisor to go straight from ESA to JSA. The 'month' delay is, apparently, a fiction created by different systems not being able to keep up to date with each other.

I would have thought - and I speak in ignorance - that you could appeal the ESA refusal and, in the meantime, put in a fresh claim on the 7th of December ...

 

Thank you for replying

 

No matter how many times I call them I still don't get the information I need and got told "We're not fully benefit trained..we've got to deal with 7 different kinds of benefits!", so hopefully someone here knows.

 

If I appeal it, would I still get paid ? Because the main thing is I've not received any payments since 13-11-2012 and my money is running out.

 

It's just frustrating as the UK system is overly complicated.

 

I now have to eighter:

 

1. Appeal the decision made on 27-11-2012 (by the time they receive it it's way past the original 6 months)

 

2. Claim JSA until the 6 months have passed (again, by the time it's processed it will be pas the original 6 months)

 

3. Wait 8 days and put in ANOTHER claim which will just be the same as the one I sent in 10 days ago! (well minus the original documents)

 

We all know that they shut the systems down around mid December and I really don't want a repeat of a few years back when they left me without money during the holidays.

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