fit note date for reclaiming esa after esa tribunal failure

[donkeyhoaty]

Hello,

I am new to this site so please forgive me if im posting in the wrong place.

 

Im permanently disabled and was found unfit for work from the Occy Health Doctor at my work place.

 

i claimed esa (contributions based) then went for a medical in December 2011.

 

I only achieved 6 points so i appealed immediately.

 

My ESA was stopped in July 2012 as i had received 365 days of benefit and cant claim for Income based ESA as my husband works full time.

i have been without any money at all for that time.

 

I had my ESA tribunal appeal December 2012 where the judge said my medical was on January 9th 2012 but it wasnt

and i only remembered this when i checked my old diary at home.

 

ive just recieved notification from the tribunal that i have failed this as well.

 

one of the reasons was that i spend all day alone as my husband works full time !!!!!!

 

i understand that i have to reclaim esa as my conditions have worsened and i am in no way fit for work (covered by fit notes),

 

please would anyone be able to tell me when i should claim from and more importantly what dates do the fit notes have to be dated from.

[estellyn]

Get a fit note from your doctor immediately, and claim from the date the fit note starts. You probably won't be paid until assessed and only if you make it into the support group - have you looked at the support group descriptors and checked that you meet at least one?

 

http://www.tameside.gov.uk/esa/lcwra

[donkeyhoaty]

Hello, thanks for this. i have been submitting three-monthly fit notes but do i need to get another one backdated to the start of the new claim (which i dont know when it should be, should it be after failing the medical Dec 21 2011 or failing the tribunal Dec 31st 2012?

Also was the judge in error of law when he stated my medical was on jan 9th 2012 and not dec 21st 2011?

Also should i have been paid the assessment rate up until or now or is it because i claimed the CB-ESA that it was stopped after 365 days and then that beggars the question is it usual to have to wait so long for the decisions?

sorry for so many questions but im mentally and physically exhausted by all of this.

Thank you.

[Nystagmite]

then that beggars the question is it usual to have to wait so long for the decisions?

 

unfortunately, yes.

[estellyn]

Hello, thanks for this. i have been submitting three-monthly fit notes but do i need to get another one backdated to the start of the new claim (which i dont know when it should be, should it be after failing the medical Dec 21 2011 or failing the tribunal Dec 31st 2012?

Also was the judge in error of law when he stated my medical was on jan 9th 2012 and not dec 21st 2011?

Also should i have been paid the assessment rate up until or now or is it because i claimed the CB-ESA that it was stopped after 365 days and then that beggars the question is it usual to have to wait so long for the decisions?

sorry for so many questions but im mentally and physically exhausted by all of this.

Thank you.

 

You claim after failing the tribunal - so the day after your payments stopped. As long as you have a fit note covering the period you shouldn't have to send a new one until the current one runs out.

 

Unless there is something significant about the dates of the medical, then it is just a simple error and not an error of law. It would only be an error of law if the mistake had an impact on the decision.

 

You were only entitled to 365 days contributory ESA, as you weren't placed in the support group. If you get placed in the support group in future then payments will resume.

 

Sadly, yes, it is usual for decisions to take a long time.

[donkeyhoaty]

Wow, thanks, thats excellent, just one more thing though, sorry, if my benefit stopped July 13 2012 and my tribunal was 31 Dec 2012, and have been submitting sick notes for the last two years (three monthly ones), do i re-claim from July 13 2012 or Dec 31 2012. and does my vet need to date the note from July 13 or Dec 31?

[estellyn]

Wow, thanks, thats excellent, just one more thing though, sorry, if my benefit stopped July 13 2012 and my tribunal was 31 Dec 2012, and have been submitting sick notes for the last two years (three monthly ones), do i re-claim from July 13 2012 or Dec 31 2012. and does my vet need to date the note from July 13 or Dec 31?

 

Oh dear, oh dear.....

[donkeyhoaty]

:confused: oh no youre scaring me now, what does oh dear oh dear mean

[estellyn]

:confused: oh no youre scaring me now, what does oh dear oh dear mean

 

The fact you're going to a vet for your fit note. I do suppose that's where donkeys would go, but still.....

[donkeyhoaty]

oh thank goodness for that, yes my dear departed dad used to call the docs the vets and its just stuck with me:-)

[estellyn]

If you've been providing fit notes then just provide the next one when it is due. You can reapply at any time as your assessment was a year ago.

[donkeyhoaty]

:whoo:thank you so much estellyn, youre a star

[estellyn]

:whoo:thank you so much estellyn, youre a star

 

No problem, good luck at the vet.

[Nystagmite]

 

That confused me a bit too!

[efeyxxx]

hi i have a friend who has the same problem you had but she won her tribunal and was put in support group but does not recieve any esa as her work related pay ran out and as her partner works full time she isnt entitled to actually recieve any of the benefit on income related esa i hope this helps you some .