× Members

won esa tribunal but will get no benefit

  • pattie57
  • Topic Author
12 years 6 months ago #68221 by pattie57
After struggling through application,reconsiderations, appeal
and adjournment my final tribunal hearing occurred 10mths later.
After enormous stress i was delighted that the original DWP decision
was overturned and i went from 0 to18 pts.
I was so happy that i wouldnt be forced to work with my health
problem and daily pain and fatigue.
However i had not realised that because i had been forced into
partime clerical work due to inability to pay our mortgage, and the threat
of reposession
during the latter part of the appeal process , i would not be eligible
for any benefit atall.
The jobcentre pulled the wool over my eyes and i feel i was duped
into thinking i could give up this job if my appeal succeeded, and i
foolishly signed off.
I feel devastated knowing all that i went through,..
Any thoughts on this ???

Please Log in or Create an account to join the conversation.

More
12 years 6 months ago #68225 by Gordon
Replied by Gordon on topic Re:won esa tribunal but will get no benefit
Pattie

I am sorry that you were mis-informed, but ESA is an incapacity benefit for those unable to work, as such, you cannot claim ESA and work at the same time, unless this work was accepted by the DWP as falling under the Permitted Work rules.

You should be eligible for payments from the beginning of week 14 of your claim to the date you cancelled it.

If your condition persists and your GP is willing to write a new series of Fit Notes for you, you can make a new claim for ESA, however, this does pre-suppose that you are no longer working.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
12 years 6 months ago #68229 by carruthers
Replied by carruthers on topic Re:won esa tribunal but will get no benefit
pattie57 wrote:

The jobcentre pulled the wool over my eyes and i feel i was duped into thinking i could give up this job if my appeal succeeded, and i foolishly signed off.
I feel devastated knowing all that i went through,..
Any thoughts on this ???

We have heard stories from Job Centres of people there being under immense pressure to get people off benefits by any means necessary.

Often this means taking people who don't understand the system and manoeuvring them into doing something for which they can be sanctioned. (Like telling someone who is severely dyslexic that they must hand write an application form - and when they don't do it, taking away their benefit.)

You may have been the subject of a similar process, or misled (deliberately or accidentally) by someone who would tell you anything to get you to take a job - without knowing (or caring) whether it was true or not.

I'm afraid I have no knowledge of what your position really is, but someone on here will know.

Good luck.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.