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12 years 8 months ago #63515 by mumsgirl
Replied by mumsgirl on topic Re:JSA
Thanks guys. Yes, Gordon, I am looking at worse case senario. My ESA is currently being reassessed and I know I am not fit to work and my Gp, support worker and pschyatrist (sorry about spelling) agree. I was just thinking "what if I fail the medical" "what if I fail the appeal" i just don't understand how they can expect everyone they put onto JSA, via failing them at ESA, to particioate fully if it's physically or mentally impossible due to their illness, that ATOS deny they have!
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12 years 8 months ago #63516 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:JSA
mumsgirl wrote:
1. You can appeal to the Upper Tribunal if you can show that there has been an error of law or procedure during the Tribunal.
2. You can apply for JSA, but are required to actively seek work.
3. You can make a fresh claim for ESA on the assumption that your GP will continue to provide you with Fit Notes.
I hope this explains it a bit better.
Gordon
If you fail the ESA tests and the decision is not overturned at appeal, then you have three options available.Thanks guys. Yes, Gordon, I am looking at worse case senario. My ESA is currently being reassessed and I know I am not fit to work and my Gp, support worker and pschyatrist (sorry about spelling) agree. I was just thinking "what if I fail the medical" "what if I fail the appeal" i just don't understand how they can expect everyone they put onto JSA, via failing them at ESA, to particioate fully if it's physically or mentally impossible due to their illness, that ATOS deny they have!
1. You can appeal to the Upper Tribunal if you can show that there has been an error of law or procedure during the Tribunal.
2. You can apply for JSA, but are required to actively seek work.
3. You can make a fresh claim for ESA on the assumption that your GP will continue to provide you with Fit Notes.
I hope this explains it a bit better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 8 months ago #63517 by mumsgirl
Replied by mumsgirl on topic Re:JSA
Thanks once again Gordon, you been a great help but now i'm confused! (I doesn't take a lot!). I thought I read that you can't make a fresh claim for 6 months for the same thing? or have I got it wrong yet again!
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- bro58
12 years 8 months ago #63519 by bro58
Replied by bro58 on topic Re:JSA
mumsgirl wrote:
MG,
If your condition has worsened your fresh claim can be before the 6 months.
Further, Appeals Tribunal Hearings, are taking much longer than 6 months at the present time anyway.
cheers
bro58
Thanks once again Gordon, you been a great help but now i'm confused! (I doesn't take a lot!). I thought I read that you can't make a fresh claim for 6 months for the same thing? or have I got it wrong yet again!
MG,
If your condition has worsened your fresh claim can be before the 6 months.
Further, Appeals Tribunal Hearings, are taking much longer than 6 months at the present time anyway.
cheers
bro58
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12 years 8 months ago #63520 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:JSA
mumsgirl wrote:
So even though a Tribunal will render a Decision some time later, it is not this date that is used with regard to a new claim.
Given that most Tribunals are taking 9-12 months to be heard, this would be well in excess of that period and therefore there should be no problem making a new claim.
Hope this explains it.
Gordon
The rules regarding a new/repeat claim can be very confusing but the general principle is that you can make a new claim for ESA, six months after the original Decision to find you Fit for Work, without restriction.Thanks once again Gordon, you been a great help but now i'm confused! (I doesn't take a lot!). I thought I read that you can't make a fresh claim for 6 months for the same thing? or have I got it wrong yet again!
So even though a Tribunal will render a Decision some time later, it is not this date that is used with regard to a new claim.
Given that most Tribunals are taking 9-12 months to be heard, this would be well in excess of that period and therefore there should be no problem making a new claim.
Hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
12 years 8 months ago #63522 by bro58
Replied by bro58 on topic Re:JSA
Gordon wrote:
Hi MG,
Gordon has explained the 6 months rule for you.
However, if your appeal happened to be heard before 6 months had elapsed,(highly unlikely), from your original adverse decision, on the premise that all the added stress and anxiety would probably cause your condition to worsen, you could then make a fresh claim, straight after the Tribunal decision if not in your favour.
This is why I call it "The ESA Merrygoround". It would be funny, if it didn't have such a serious impact on people.
cheers
bro58
mumsgirl wrote:
The rules regarding a new/repeat claim can be very confusing but the general principle is that you can make a new claim for ESA, six months after the original Decision to find you Fit for Work, without restriction.Thanks once again Gordon, you been a great help but now i'm confused! (I doesn't take a lot!). I thought I read that you can't make a fresh claim for 6 months for the same thing? or have I got it wrong yet again!
So even though a Tribunal will render a Decision some time later, it is not this date that is used with regard to a new claim.
Given that most Tribunals are taking 9-12 months to be heard, this would be well in excess of that period and therefore there should be no problem making a new claim.
Hope this explains it.
Gordon
Hi MG,
Gordon has explained the 6 months rule for you.
However, if your appeal happened to be heard before 6 months had elapsed,(highly unlikely), from your original adverse decision, on the premise that all the added stress and anxiety would probably cause your condition to worsen, you could then make a fresh claim, straight after the Tribunal decision if not in your favour.
This is why I call it "The ESA Merrygoround". It would be funny, if it didn't have such a serious impact on people.
cheers
bro58
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