DLA if I fail ESA tribunal

Hi

I've been doing a lot of investigation into this, but I keep getting conflicting views and thought I'd try here.

I have several MH problems and my specialists (psychiatrist, psychologist and OT) all say I am not fit to work and won't be for at least another 6 months. However, at my ATOS medical in October 2009 I got 0 points and I'm awaiting my appeal hearing.

I also get HB, CTB and DLA (low rate mobility and mid rate care). The DLA is because I need to be supervised to prompt me to self-care and to prevent me killing myself. I actually live alone so I cope by barricading myself in the house when I feel like killing myself as my suicide plan is to step in front of a train.

So here's my question - is this correct: If I fail the appeal hearing, I will have to apply for JSA. If I do that I'm saying I'm fit to work. If I'm fit to work, I can't also be saying I need 24hour supervision to self-care - because someone who needs that isn't fit to work. So I have to end my DLA claim or I will end up being accused of benefit fraud. Is that right?

Thanks in advance
Ginge

You can claim DLA & be able to work. Your care and /or mobility needs mustn't contradict the work you do. So, you can't work as a postman and claim HRM because you're unable to walk.

jeff_ginge wrote:

Hi

I've been doing a lot of investigation into this, but I keep getting conflicting views and thought I'd try here.

I have several MH problems and my specialists (psychiatrist, psychologist and OT) all say I am not fit to work and won't be for at least another 6 months. However, at my ATOS medical in October 2009 I got 0 points and I'm awaiting my appeal hearing.

I also get HB, CTB and DLA (low rate mobility and mid rate care). The DLA is because I need to be supervised to prompt me to self-care and to prevent me killing myself. I actually live alone so I cope by barricading myself in the house when I feel like killing myself as my suicide plan is to step in front of a train.

So here's my question - is this correct: If I fail the appeal hearing, I will have to apply for JSA. If I do that I'm saying I'm fit to work. If I'm fit to work, I can't also be saying I need 24hour supervision to self-care - because someone who needs that isn't fit to work. So I have to end my DLA claim or I will end up being accused of benefit fraud. Is that right?

Thanks in advance
Ginge

My response may be of some use to you in this thread HERE.