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Thread: Progress of a sort

  1. #1
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    Progress of a sort

    Hi guys... I haven't posted in here for a couple of weeks or so, so here's a quick update.
    My appeal against the decision to stop my E.S.A. and make me sign for J.S.A. still hasn't happened yet.
    But after taking advice from the C.A.B. I managed to get a sick note for 3 months off my G.P. and then my D.E.A. sent this off, and my E.S.A. has been reinstated.... but with no premiums
    So yes I'm not having to get to the Job-centre and sign on... but they've put me on minimum rate E.S.A. so I'm only getting half of what I was on J.S.A. It seems they really don't like people to get that particular benefit do they?
    God help us all when Ian Duncan Smith starts mooching at what else he can cut back on and where

  2. #2
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    Hi Rob.
    They turned me down for E.S.A. after one of those Bullshit Atos medicals... where miraculously.... I didn't even get a single point.
    Their inaccuracies were.... the whole test..... it seems the examiner had made up her mind before we even started.. but I'm not surprised at all... it's pretty much what I expected, after reading the numerous similar cases on this site.
    I didn't have the interview recorded, I had no idea that it could be. But never mind now, I'll be O.K. until the hearing, and if that decision goes against me, I'll just have to claim J.S.A. and apply for jobs I can't even get to..... Bloody stupid isn't it? I wonder which costs the state more? I honestly think, they just don't like the idea of me not trying to get work.... I'd love to as well... but as soon as employers find out my difficulties... they go very quiet on me.

  3. #3
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    Hi again Guys & Girls.
    After having a chat with my D.E.A. today, I've decided that while my appeal over E.S.A. is still pending.. I'm going back onto J.S.A.
    I didn't realise, that any disability premiums are withheld until after a decision is made about E.S.A. and you then receive the lowest possible rate of E.S.A. around £70.00 per week... and seeing as the waiting time for my appeal is at least another 10 weeks, which would mean, that I'll be struggling until the beginning of August, I've decided that J.S.A. is the best route for me to take.
    I suspect this is a tactic to try and get people off E.S.A. and if so... it's worked with me.
    I'll be better off paying for a Taxi to take me to sign on, at least then I'll still qualify for the premiums.
    I thought it best to let the users of this Site know, in case they have an appeal pending, and think that their old rate of E.S.A. will be paid to them while they're waiting. Gaz

  4. #4
    Senior Member nukecad's Avatar
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    Hi Gary,

    As you point out,
    during appeal after MR you only get ESA at assessment rate: £73.10 for a 25+ single.
    Jobseekers allowance is also £73.10 for a 25+ single.

    So initially it would look that it makes no difference whether you stay on JSA or go back to ESA assessment, apart for the jobseeking commitment.
    But as you have found out that is not quite the case.

    The reason why they are giving you disability premiums on JSA when you are appealing ESA is because of your existing PIP award.
    If you didn't have that PIP then you would just get the standard JSA.



    The government/DWP are quite clear in their position on this.

    Their stated position is that you have been found fit-for-work at assessment so you are no longer entitled to any ESA (including any premiums) unless subsequently found unfit for work at MR or Tribunal.

    They don't like having to pay ESA assessment whilst waiting for tribunal and have said they would like to get rid of it altogether.
    (They are currently trying to sneak this in by the backdoor, but thats another story).

    The problem they have is one of perception, currently they can say
    "We are caring - we let you be treated as having Limited Capability for Work until the court decides".

    If they take this away altogether then they become the bad boys,
    overruling doctors; and forcing the sick and disabled to apply for jobs and do tasks they are not capable of doing, until the court tellls them, for each individual case, that they were wrong to overrule the doctor in the first place.
    Last edited by nukecad; 21-05-15 at 10:39.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  5. #5
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    Cheers for clearing that up for me. I was completely unaware that claiming E.S.A. again would result in me losing so much income.
    So I'll happily go and sign on every two weeks until my appeal now then... even if I have some bother getting there.
    I'm hoping my commitments will remain the same at 3 job applications per week too.
    Seeing as it's a rapid reinstatement I'm after rather than a new claim... I think it should do..
    But most times, how I think the way things "should" be done...
    often conflicts with the D.W.P.'s idea of how things "WILL" be done.... Gaz

  6. #6
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Garyunsteady View Post
    I was completely unaware that claiming E.S.A. again would result in me losing so much income.
    To be honest thinking about this again I'm not sure that it should.

    If premiums can be, and are, paid on assessment rate before MR then surely they should also be paid on assessment rate after MR whilst waiting for tribunal.
    To make it any different would either need specific clauses in the original legisation or an ammendment to that legislation.

    I'm thinking that they gave you incorrect information, but if you're happy staying on JSA then OK.

    It's probably another sneaky backdoor way of trying to get people to stay on JSA whilst waiting for tribunal.

    The other sneaky backdoor I refered to in the post above is that they are reportedly now telling people that the
    law has changed and that they have to stay on JSA during appeal.
    This is not true, the law has just changed but the change only applies to repeat ESA claims, not to new claims or transfers from IB.
    (In fact the law change means that repeat claims can not get assessment rate ESA at all anymore unless its for a new or severely worsened condition).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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