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tribunal appeal pack arrived today

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7 years 10 months ago #159351 by Gordon
Replied by Gordon on topic tribunal appeal pack arrived today

soontjen wrote: been in today to sign on
I was told I must be actively looking for work and fit to work or I wont be able to sign on ?
I asked if a fit note would be ok she said no
my wife who helps me also needs to sign on
I told her I was in the process of a m reconsideration she said didn't matter
??


Dare I suggest that they are misleading you!

You must be Fit for Work and prepared to meet a Job Search agreement to have a claim for JSA accepted, if you say that you cannot meet either of these conditions, then your claim can be rejected. Once your JSA claim has been accepted you can present a Fit Note and be excused any Job Search requirement for up to 13 weeks.

Your wife may be exempted from a joint JSA claim, see the following

www.whatdotheyknow.com/request/268176/re...%20Guidance.pdf.html

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: soontjen

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7 years 10 months ago #159389 by soontjen
Replied by soontjen on topic tribunal appeal pack arrived today
they sent me away today and told me I now have to sign on Thursday they told me my wife needs to be with me to make a claim ?
if I sign on Thursday do I produce a note straight away or wait a day or so ? and do I ask the job centre for an exemption for my wife ? sorry for all the questions but I;m lost with it all

i'm now in the process of a man r for my esa the stress is unbelievable over whelming in fact . they don't realise the amount of worry this gives you with the knock on affects like rent council tax and your income in general
thank you for your replies

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7 years 10 months ago #159426 by Gordon
Replied by Gordon on topic tribunal appeal pack arrived today

soontjen wrote: they sent me away today and told me I now have to sign on Thursday they told me my wife needs to be with me to make a claim ?
if I sign on Thursday do I produce a note straight away or wait a day or so ? and do I ask the job centre for an exemption for my wife ? sorry for all the questions but I;m lost with it all

i'm now in the process of a man r for my esa the stress is unbelievable over whelming in fact . they don't realise the amount of worry this gives you with the knock on affects like rent council tax and your income in general
thank you for your replies


As long as your claim has been accepted you can present the Fit Note, I'm afraid I can't tell you whether this will happen on Thursday or whether there is a waiting period As to your wife does she meet any of the grounds for exemption?

Gordon

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

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7 years 10 months ago #159489 by soontjen
Replied by soontjen on topic tribunal appeal pack arrived today
thank you Gordon
my wife cares for me unpaid they said as soon as I receive the letter from pip to confirm I have been awarded pip I can put a claim in for my wife to care for me and claim income support ?

I called the dwp today and they said they have 28 days after the decision is made that is the 2nd june to reply or deny my claim ?

the esa refusal report came today again I'm finding inaccurate or exaggerated things even answers she led me into or twisted also contradictions very much the same as the pip report came back I find it disgusting they do this

all my conditions heart , pars, copd , ect were followed with he hasn't seen a specialist with this ?
cant believe what It read so back to the drawing board with the esa decision and m reconsideration and then no doubt another tribunal more stress worry I don't feel I have the mental strength
suerly if I was awarded ny tribunal pip esa would be the same ??

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7 years 10 months ago #159498 by Gordon
Replied by Gordon on topic tribunal appeal pack arrived today

soontjen wrote: thank you Gordon
my wife cares for me unpaid they said as soon as I receive the letter from pip to confirm I have been awarded pip I can put a claim in for my wife to care for me and claim income support ?

I called the dwp today and they said they have 28 days after the decision is made that is the 2nd june to reply or deny my claim ?

the esa refusal report came today again I'm finding inaccurate or exaggerated things even answers she led me into or twisted also contradictions very much the same as the pip report came back I find it disgusting they do this

all my conditions heart , pars, copd , ect were followed with he hasn't seen a specialist with this ?
cant believe what It read so back to the drawing board with the esa decision and m reconsideration and then no doubt another tribunal more stress worry I don't feel I have the mental strength
suerly if I was awarded ny tribunal pip esa would be the same ??


PIP and ESA are awarded for different reasons, it's perfectly possible for someone to receive the highest rate of PIP and have no entitlement to ESA and vice versa.

Even where there appear to be overlaps between the two benefits , the criteria are different, you need to show that you specifically meet the ESA criteria.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: soontjen

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7 years 10 months ago #159796 by soontjen
Replied by soontjen on topic tribunal appeal pack arrived today
went in to sign on Thursday
i was asked if i was fit for work ??
i explained my situation how ill i was ect didn't seem interested . i was asked if i wasn't fit for work i couldn't sign on . if i did i would have a work based interview and job search would start Tuesday seven hours a day and i would be expected to travel up to 1 1/2 hour on public transport to a work placement to gain experience .
i asked if a fit note would be any good she said that's only if your not fit for work ?
if you sign on and don't attend through illness we would sanction you and your money stopped anyway . i said my daughters booked us a few days away next week they said you would not be able to sign on then anyway ? come in when you get back ?
i didn't sign on as i know through illness i can't do what they asked of me .
so now we are in receipt of nothing at all no esa / jsa no housing benefit tax , rent . the lady at the office said you are expecting your pip back dated so you'll be ok .
the tribunal have awarded me pip and i'm still waiting to hear from them they say 28 day's is up next week so i should hear something then . without this letter from pip it seems no one is willing to help as if they don't believe what we say .
i also spoke to dwp about esa medical and explained i had medical evidence i.e spinal specialist explaining pars + more what i had ect from the pip tribunal which i took to my esa medical but the nurse didn't want to see it saying it was different claim it is but the reasons i'm ill aren't different . she then wrote muskeloskeletal problem unlikely ? without looking at the specialists report ? the man at dwp asked me to send the reports to him and put it in for a reconsideration .
The worry / stress is unbelievable we haven't slept for more than 5 hours a night since Thursday just got no appetite at all . still wide awake now at 12;10 a.m

the government need to take a serious look into the whole capita ect and the way they conduct the medicals and stop this very hard and cruel way genuinely ill people are being treated

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