WHAT DO I DO NOW? I'M AT THE END OF MY TETHER

I have been receiving the assessment rate of ESA whilst I have been awaiting my Appeal. My Appeal was on 12/10/11 but I was unable to attend as my daughter who lives over 300 miles from me was rushed into hospital seriously ill with a pulmonary embolism and deep vein thrombosis. She is 29 weeks pregnant with 3 young children. I requested a postponement and emailed proof that my daughter was in hospital. I had previously had my Appeal postponed due to my own ill health and the death of my father followed shortly after by the death of my mother. This morning i've received notification that my Appeal was disallowed, it was heard in my absence. I want to appeal to a higher level but in the meantime, my benefit has been stopped which will include my housing benefit so I will not be able to pay my rent. The Benefit Delivery Office has said I can make a new claim for ESA but it cannot be for the same condition. My doctor supports that I am not fit to work and wrote letters to the tribunal supporting this but these all seem to have been disregarded. I can understand why people commit suicide because I feel at the end of my tether. My doctor who knows me says I'm sick; Appeal Tribunal judges have heard my Appeal when there was no possibility of my being there due to my daughter's health and now i'm going to be threatened with homelessness because I cannot pay my rent. I do want to appeal to a higher level but I don't know on what grounds and how can I make a new claim for ESA if they won't accept what my doctor is saying is wrong with me.

welshgaljennifer wrote:

I have been receiving the assessment rate of ESA whilst I have been awaiting my Appeal. My Appeal was on 12/10/11 but I was unable to attend as my daughter who lives over 300 miles from me was rushed into hospital seriously ill with a pulmonary embolism and deep vein thrombosis. She is 29 weeks pregnant with 3 young children. I requested a postponement and emailed proof that my daughter was in hospital. I had previously had my Appeal postponed due to my own ill health and the death of my father followed shortly after by the death of my mother. This morning i've received notification that my Appeal was disallowed, it was heard in my absence. I want to appeal to a higher level but in the meantime, my benefit has been stopped which will include my housing benefit so I will not be able to pay my rent. The Benefit Delivery Office has said I can make a new claim for ESA but it cannot be for the same condition. My doctor supports that I am not fit to work and wrote letters to the tribunal supporting this but these all seem to have been disregarded. I can understand why people commit suicide because I feel at the end of my tether. My doctor who knows me says I'm sick; Appeal Tribunal judges have heard my Appeal when there was no possibility of my being there due to my daughter's health and now i'm going to be threatened with homelessness because I cannot pay my rent. I do want to appeal to a higher level but I don't know on what grounds and how can I make a new claim for ESA if they won't accept what my doctor is saying is wrong with me.

Hi WGJ,

With regards to appealing to the Upper Tier, see page 30 onwards of the ESA Appeals Guide that can be accessed from here. :

www.benefitsandwork.co.uk/help-for-claimants/esa

Further, you should request a full statement of reasons ASAP from the tribunal.

There is also the option of asking for the decision to be "set aside".

With regards to your fresh ESA claim, you can make a fresh claim for ESA if either your condition has deteriorated, or you are suffering from new conditions,
or 6 months or more has elapsed since the date of original adverse decision to not award you ESA.

That is the date of the decision that you have appealed, not the date of the recent tribunal decision.

bro58

You could make a fresh claim to ESA, I think you would have to go to the Commissioner to try and overturn the decision in regard to your Appeal. You could also make a fresh claim to JSA and fresh claim for Housing Benefit. However I know that you are unwell and you may not want to do this. Have you ever claimed DLA?? If you are not well you may have entitlement to make a claim to this as well, depending on your circumstances with long term illness. Kind regards Katrina

Thank you for your response but can I just clarify something please. I suffer with anxiety/depression - end of and I have periods of good days and bad and therefore it's difficult to say my conditioned has worsened but I will obviously be seeing my GP asap to discuss this with her. However, my WCA took place on 06/10/10 and I received no points which is the reason why I appealed and my GP supported this and whilst I was awaiting the appeal, the ESA was paid at the assessment rate. I am a little bit unsure as to whether I can still provide medical certificates from the date when my original claim was closed following the appeal on 12/10/11 or the date I was notified by DWP that they could not pay me ESA following the WCA. My original ESA claim was closed when I failed the WCA but was reinstated at assessment rate whilst awaiting the appeal which was obviously more than 6 months ago. Does that make sense? I am obviously very very stressed at the moment so need to get things clear in my head and really appreciate your advice. Thank you

bro58 wrote:

welshgaljennifer wrote:

I have been receiving the assessment rate of ESA whilst I have been awaiting my Appeal. My Appeal was on 12/10/11 but I was unable to attend as my daughter who lives over 300 miles from me was rushed into hospital seriously ill with a pulmonary embolism and deep vein thrombosis. She is 29 weeks pregnant with 3 young children. I requested a postponement and emailed proof that my daughter was in hospital. I had previously had my Appeal postponed due to my own ill health and the death of my father followed shortly after by the death of my mother. This morning i've received notification that my Appeal was disallowed, it was heard in my absence. I want to appeal to a higher level but in the meantime, my benefit has been stopped which will include my housing benefit so I will not be able to pay my rent. The Benefit Delivery Office has said I can make a new claim for ESA but it cannot be for the same condition. My doctor supports that I am not fit to work and wrote letters to the tribunal supporting this but these all seem to have been disregarded. I can understand why people commit suicide because I feel at the end of my tether. My doctor who knows me says I'm sick; Appeal Tribunal judges have heard my Appeal when there was no possibility of my being there due to my daughter's health and now i'm going to be threatened with homelessness because I cannot pay my rent. I do want to appeal to a higher level but I don't know on what grounds and how can I make a new claim for ESA if they won't accept what my doctor is saying is wrong with me.

Hi WGJ,

With regards to appealing to the Upper Tier, see page 30 onwards of the ESA Appeals Guide that can be accessed from here. :

www.benefitsandwork.co.uk/help-for-claimants/esa

Further, you should request a full statement of reasons ASAP from the tribunal.

There is also the option of asking for the decision to be "set aside".

With regards to your fresh ESA claim, you can make a fresh claim for ESA if either your condition has deteriorated, or you are suffering from new conditions,
or 6 months or more has elapsed since the date of original adverse decision to not award you ESA.

That is the date of the decision that you have appealed, not the date of the recent tribunal decision.

bro58

Hi,

See information on the Tribunal Services website (justice dept) on setting aside decisions. Scroll down to Part 4. :

www.legislation.gov.uk/uksi/2008/2685/contents/made

It may be advisable to gain face to face advice from the CAB or other advice agency regarding the tribunal issue, and your fresh claim for ESA.

bro58

welshgaljennifer wrote:

Thank you for your response but can I just clarify something please. I suffer with anxiety/depression - end of and I have periods of good days and bad and therefore it's difficult to say my conditioned has worsened but I will obviously be seeing my GP asap to discuss this with her. However, my WCA took place on 06/10/10 and I received no points which is the reason why I appealed and my GP supported this and whilst I was awaiting the appeal, the ESA was paid at the assessment rate. I am a little bit unsure as to whether I can still provide medical certificates from the date when my original claim was closed following the appeal on 12/10/11 or the date I was notified by DWP that they could not pay me ESA following the WCA. My original ESA claim was closed when I failed the WCA but was reinstated at assessment rate whilst awaiting the appeal which was obviously more than 6 months ago. Does that make sense? I am obviously very very stressed at the moment so need to get things clear in my head and really appreciate your advice. Thank you

Hi WGJ,

It appears from your posting that the date of the original adverse decision to give you nil points, therefore finding you fit for work, was the latter part of 2010.

If that is the case then this is the date that the 6 months period runs from.

In that case, as 6 months has elapsed, you can make a fresh claim for ESA.

With regards to a Med Cert from your G.P. to cover you from the date of the recent tribunal decision, you can ask your G.P. to back date the Med Cert to cover you from that period.

Many G.P.'s will do this although obviously, you can not insist on it.

bro58