How many time cah ESA say no to one person !

hi there
so sorry to hear that everyone seems 6 points, they did the same to our son who has a spine problems this is slowly getting worse but no one seems to listen to anyone when this silly and i must say pretty stupid system
After he failed in his effort to get ESA (who i will tell you the staff at his local DWP office made him go on after they noticed that he was having trouble in walking and sitting down and also when he stands up he has quite a stoop) well yeah you guessed it they said you are fit for work
well after a lot of time letters and Internet application forms filling in for jobs, he has even asked to WORK FOR FREE just so he has a reason to get up everyday. the DWP have yet again told him he has to go on to this stupid ESA well he has also got a medical on the 18th july and i bet i know what's going to happen the same 6 points
surely the DWP CAN`T keep doing this to him/any and every body just to stop paying out what little money they pay now my husband and i are having to support him while he is living on sod all this even buggered up his rent with the local council to,now with the empty bank of mum and dad had to sort out for him this is very hard for us as we live on income support and my husbands low DLA well this we have been given to our son to help him
so please can anybody help with what do we do if he gets told fit for work again when is really is not all he wants to do is get a job

he says it don't matter how much it hurts he will work trough it. thank you for reading

Why can't your son claim Jobseekers' Allowance if he has been found to be disentitled to ESA, on the grounds that he is fit for work?

The DWP cannot compel a claimant to claim an allowance such as ESA especially, if he cannot meet the qualifying conditions. On the available evidence he should claim JSA.

Hi Jacqui,

I'm afraid the only thing your son can do if he is found fit for work again is to appeal. There are detailed guides on how to do this in the members area and whilst he is appealing he should be able to remain on assessment phase ESA.

Good luck,

Steve

Hi Jacqui

As Steve has said you have to appeal. From first hand experience I know it's distressing, (and maybe depressing), but you will get all the help you need from this site. It really is the greatest thing to help fight the DWP. Apart from the wealth of information it makes you realise you are not alone with these problems, and there are so many people willing to share experiences.

I was on ESA last year,(spine problems too), then got it stopped after a medical. I appealed and got it reinstated and was put on the highest level. All went well for 9 months. I've just had another medical in May and my ESA stopped again. I appealed and it's been reinstated on the lower level subject to appeal. While all this has been going on I'm still signed off with a sick note valid until September. With my treatment not due to finish until year end I will certainly have a sick line until then. What happens if I am still found fit for work before then? No ESA and I can't claim JSA because I'm still not capable for work! This will be interesting.

Try and stay positive and keep fighting them. I'm convinced they make their forms etc sufficiently daunting to put people off, but don't let them. On one form, I think it might be for a Tribunal, the first question is: "are you sure you want to go ahead with this" or words to that effect. With the help of this site you can and should go ahead with an appeal. If you feel a bit overwhelmed by it all, the Citizens Advice are really helpful.

Another good luck from me. Nick

Well the reason he cant claim job seekers allowance is he not fit for work and also I did say the DWP who told him to go to ESA in the first place ( who I will tell you the staff at his local DWP office made him go on after they noticed that he was having trouble in walking and sitting down and also when he stands up he has quite a stoop)

But put simply he cant even stand up without a great deal of pain.

We are having to take him yet again for another hospital appointment for me injections and other stuff they are doing to him he is still waiting for another MRI scan he also has the heart problems this is also part of why he cannot work because his body wont let him

these hospitals do not waste time and money on illnesses that are not there

But if he got a job today being road sweeping or just seating at a desk he will do it because he is suborn and needs to work to get anything in life this is the way he has been brought up.work for what you want.

So this is why he cant work don't matter how many people say he is fit for work the fact is he is a proud young man who don't really want hand out he just wants really what he is in titled to why he gets FIT and his spine sorted out, he doesn't want to live on it for ever just until he can get to work.
Because the other thing that the DWP really don't listen to is that fact that he is a insurance risk now and company's wont give him a job because of the way this country is everybody sues because of the stupid est thing

I just wish that the government understood that there are genuine people out there, people who only need to be on it for a short amount of time not for ever.

because this is what the DWP think half the time oh someone else who wants to live on benefits for ever not the case here

Its not the medical that worries him its the upset they make you go thru while that are validating your claim 21 year old still have to pay bills and I don't mean mobile phone I mean Gas Electric Water
there are people who do make a effort to pay their way in life

And also he is not one of the claimants how eat themselves to death smokes themselves to death he is trying to get work even if it is going to hurt during the day to work

Just because he is 21 and a easy target .Simples.

sorry to go on but its hard to get a genuine person through the system

Thanks Steve he will like i said before it the trying to live on nothing in the mean time.
thanks for reading