Tribunal coming up, money worries - ** WON **

[trev1865]

thanks, wife is really not well at moment, she cancelled her first wca medical and ive grave doubts she will attend the second one..what i want to know is if she tells them she cant make it will her esa stop immediatly? or i have seen comments that she will be sent a form bf223 asking why? will she keep benefits until the bf223 is sent back to them?

[trev1865]

update..waiting on dwp decision following return of bf223 form..however my wife and even myself had letters in the meantime telling us to go for a work focused interview at the local jobcentre.this would have been sent before any decision on the bf223 form was made.

confused why they are calling me in? only thing i can think is because my wife claims for me on her esa? i didnt think she did and i have never had any letter or medical to go to for years..anyone clear this up for me?

[trev1865]

ok so a few months have passed since my last post..my wife has had another atos medical and is waiting..today she got a txt from dwp saying they are reviewing her esa and a decision maker will phone in 5 working days..she is not good on the phone so im wondering does anyone know if this phone call is to tell her the decision.or some kind of interview re the atos medical? i also want to prepare for any mandatory reconsideration if she has to do this so we are without income for as short a time as possible if the decision goes against her..any advice on this please?

thanks

[estellyn]

sometimes the calls are to clarify issues that may lead to more points being awarded (or support group). Other times the call is to go through the actual decision which is being found fit to work. No way of knowing which. Your wife can be assisted by you on the phone is she has difficulties.

[trev1865]

thanks

[trev1865]

they have informed my wife the medical found her fit for work and advised her to claim jsa whilst she asks for a mandatory reconsideration. she can get information to support the reconsideration from her doctor but we have seen advice online not to do that at this stage as it will delay the reconsideration process? anyone advise if they think she should do this or any other tips/advice as we are very worried at the moment

[Nystagmite]

The reconsideration doesn't take long; (a few weeks, I do believe) so I have a feeling that what you've been told is right. Appeals generally take longer to be heard; so if it does go to appeal, you could then start gathering evidence then.

[trev1865]

one last question..wife is signing on jsa whilst the mandatory reconsideration takes place,when she finally can appeal can she drop the jsa without penalty and start to get esa ?

[Nystagmite]

Yes. But she'll have to send in fit / sick notes to get ESA again.

[trev1865]

update..wife still on mr now for 10 wks..jobcentre putting pressure on her jsa forcing weekly signing..if they sanction her jsa does it affect her esa when she goes back on it please?

[estellyn]

update..wife still on mr now for 10 wks..jobcentre putting pressure on her jsa forcing weekly signing..if they sanction her jsa does it affect her esa when she goes back on it please?

 

I'm not an expert on JCP issues - hopefully others will come along, but weekly signings and pressure seems highly inappropriate for someone waiting to appeal an ESA decision. Has she seen the disability adviser at the jcp?

[Nystagmite]

To add to the above - if someone has a disability, they can restrict their JSA agreement. In the sense that you can only certain amount of hours, you don't drive, etc. Has all this been done, etc?

[trev1865]

they mentioned about a disability advisor but nothing done yet..still not clear if any sanction would carry over to esa?

[antone]

they mentioned about a disability advisor but nothing done yet..still not clear if any sanction would carry over to esa?

 

A sanction will not affect her ESA if ESA is reinstated following a Mandatory Reconsideration or appeal. I agree that weekly signing is not appropriate for a person waiting for the results of an ESA appeal or MR.

[trev1865]

another update,,today the mr decision came and sure enough they have not changed there negative decision.

can we sign off jsa strait away or is it best to keep signing on till we know we are getting esa during the appeal we are going to do?

[Nystagmite]

It's your choice. If your wife feels that the weekly signings are inappropriate, etc. then I'd personally sign off now, see GP, get the sick note and go back on to ESA now.

[trev1865]

thanks thats what my wife wants to do but my question is will the dwp let her?

or will they for example say we have to recieve confirmation of your appeal from the courts before allowing her to swap back to esa? we are ringing them soon so im interested to get some opinions before we do that

[estellyn]

They'll need confirmation you've made the appeal first, they won't just say 'ok, we'll put you back on esa, no problem' without evidence you're entitled.

[trev1865]

just rang them

they said she has to make a NEW CLAIM for esa which is a big shock as we were told she didnt have to make a new claim?

anyone been through this?

[**Margaret**]

:trev1865:

 

To confirm, any sanctions that Jobcentreplus try to impose for not signing weekly won't affect assessment rate employment n support pending appeal to a tribunal. And while we're on these issues, anyone who's lodged a valid appeal against a fit for work decision can't be forced to start the work programme whichever benefit s/he's in receipt of.

 

What you've been told today is absolute twaddle. Think I've mentioned earlier in this thread that, through no fault of their own, the contact centre staff aren't particularly well trained. At this stage your wife can make a new claim for employment n support, but it won't be paid until she's had another work capability assessment cos it's within six months of a decision that she's fit for work.

 

To move her situation forward, she needs to lodge a formal appeal to the Tribunals Service. You need form SSCS1 and the guide SSCS1a;

 

Can't get the links to work , you'll have to go via the link below and click on 'Forms';

 

https://www.justice.gov.uk/tribunals/sscs

 

Cos Government don't want to pay ESA pending appeal there's no formal guidance about how to apply. Best method that I've found is to sign off jobseekers at next signing day after receipt of acknowledgment of appeal. And on the same day send a photocopy of the acknowledgement, Med 3 (unfit) note, and written request for assessment rate ESA pending appeal to the address on the last letter received from Jobcentreplus. (Preferably via recorded delivery, or at least hold onto the receipt for postage.)

 

Best wishes, Margaret.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[**Margaret**]

:Amended Legislation:

 

For repeat claims to employment n support allowance on or after 30 March 15, for the same condition, the claimant will have to provide evidence of a worsened condition to be treated as having limited capability for work and be paid assessment rate. Whether it's six months or six years since a fit for work determination by Jobcentreplus or a tribunal!!

 

Margaret.

[trev1865]

thanks so much margeret,

i tried to tell the guy i was sure he was wrong but i do wonder if they are just told to lie to get people off benefit.

as usual i will take your excellent advise

one thing,i dont fully undrstand the extra bit you put in..does it refer to a new claim for esa after 30 march?

[**Margaret**]

:trev1865:

 

Praps we should speculate as to whether, or not, Government ministers care about accurate advice from Jobcentreplus and leave it at that.

 

The extra bit I put in doesn't affect your wife for her current claim. It will affect repeat new claims, for the same condition, for employment n support from 30 March 15.

 

http://www.legislation.gov.uk/uksi/2008/794/contents/made

 

As amended by;

 

http://www.legislation.gov.uk/uksi/2015/437/made

 

From 30 March 15, claimants who make a new repeat claim for employment n support, for the same condition after a fit for work determination, will have to evidence to a decision maker that their condition (or the functional effects of their condition) have worsened before they can be treated as having limited capability for work and paid assessment rate.

 

Should your wife need some documentary support to claim assessment rate employment n support pending her appeal hearing;

 

https://www.gov.uk/government/publications/appeals-process-changes-for-dwp-benefits-and-child-maintenance

 

You need; Appeals reform: questions and answers

 

Then the heading; Payment pending appeal

 

Best wishes, Margaret.

 

 

 

 

 

 

 

 

[trev1865]

thanks again i have found the paragraph that pertains to us,but another question..what if the dwp delay there response till after 30 march,will that change our circumstances?

[Nystagmite]

No. Because the claim was pre-March 30. If it was after, then yes.

 

If this was me - I'd also print off the paragraph you mentioned.