ESA APPEAL WON, BUT HAVE TO HAVE A MEDICAL AGAIN

After nine months, I finally attended my ESA Appeal in May of this year, and "passed", as in being confirmed "unfit for work" nine months previously - despite the fact that I broke down in the proceedings, and could not stop crying.
Until my Appeal, the Jobcentre would not let me re-apply for ESA because they said that I had already been deemed "fit for work" and so I had to apply for JSA. Once I passed my Appeal, I re-applied for ESA and after two months finally received it. (I WAS LEFT WITH NO INCOME FROM THEM FOR ALL OF THIS TIME, to pay my bills - untility and food, etc!!)
I have now had to fill out another ESA assessment form, and have today received a letter advising me that I need to have a medical - just like last year.
The ESA claim that I have just made should have been classed as a "Rapid Reclaim" because it was within the 12/13 week period required. In this case, I would not have to send any more sick notes or go to any more medicals. However, Jobcentre/Benefits Agency will not accept this, and have treated it like a brand new claim.
I cannot go through what I went through last year, with the stress, etc, again! Can anyone help me please, I am at the end of my tether now?!
Thank you.

Hi,

I'm afraid I'm not qualified to answer your query, and currently the only other moderator coming online is Crazydiamond, who is a former Adjudication Officer for the former DSS ( now called Decision Makers for the DWP).

However, he has chronic ill health problems himself, which means he has to rest often, so I'm not sure whether or not he'll be able to post again today.

Kind regards.

Jim

Im sorry i dont have any advice so wish i did, i just send you a big hug
Carole

P012345 wrote:

After nine months, I finally attended my ESA Appeal in May of this year, and "passed", as in being confirmed "unfit for work" nine months previously - despite the fact that I broke down in the proceedings, and could not stop crying.
Until my Appeal, the Jobcentre would not let me re-apply for ESA because they said that I had already been deemed "fit for work" and so I had to apply for JSA. Once I passed my Appeal, I re-applied for ESA and after two months finally received it. (I WAS LEFT WITH NO INCOME FROM THEM FOR ALL OF THIS TIME, to pay my bills - untility and food, etc!!)
I have now had to fill out another ESA assessment form, and have today received a letter advising me that I need to have a medical - just like last year.
The ESA claim that I have just made should have been classed as a "Rapid Reclaim" because it was within the 12/13 week period required. In this case, I would not have to send any more sick notes or go to any more medicals. However, Jobcentre/Benefits Agency will not accept this, and have treated it like a brand new claim.
I cannot go through what I went through last year, with the stress, etc, again! Can anyone help me please, I am at the end of my tether now?!
Thank you.

Please see my reply about the repeat of the ESA work capability assessment in this thread HERE. .

On the question of whether you should have received ESA or JSA, as you were appealing the ESA adverse decision you should have continued to claim ESA at the assessment rate, until your appeal was heard. The Jobcentreplus office were completely wrong in telling you to claim JSA while awaiting the outcome of youe ESA appeal. This is what is known as misdirection and as such is tantamount to maladministration.

In the circumstances there should have been no need for your to claim ESA again, because if the JCP office had been doing their job properly, you should have had continuous entitlement to ESA. As your appeal succeeded you would have been entitled to the difference between the assessment rate, and the component for whatever group the appeal tribunal decided was appropriate for you.

The JCP offfice have totally mishandled your ESA claim. There was no need to reclaim the allowance. It is up to the ESA section to correct the decision reinstating your ESA claim without any break in entitlement, and to offset any JSA payments that you have received in the interim period against any ESA payments you should have received. There is also no requirement to provide any further sick notes once your appeal was successful, although there was still a requirement for you to do so had you correctly been receiving the ESA assessment rate pending your appeal.

If you receive no satisfaction from the ESA section, you could make a formal complaint to the customer service manager at the JCP office.

Thank you for your message.

I regret that I may have, accidentally, misled you - I'll try and explain more clearly, as brief as I can...

I was ill with depression and anxiety, plus stress caused by JC whilst claiming JSA. I then claimed ESA until my Appeal, nine months later. Whilst waiting for the Appeal, I couldn't deal with all the stress, pressure and questioning from the Benefits Agency in Plymouth, and I felt as though I might be able to apply for and take a job. Unfortunately, the boss certainly had behavioural problems, but also caused me to breakdown irrationally, and eventually after a couple weeks I was asked to leave. At this point, Jobcentre told me I couldn't claim ESA due to them saying I was fit for work, and adding that I had started (although finished) a job! Hence, I could only claim JSA until my Appeal months later, and then I was allowed to claim ESA again. However, they have now just asked me to attend another medical, and it is just history repeating itself!! I cannot cope with the stress of this again - last year, my Dr suggested I gave up appealing, on health grounds. I just don't know what to do!!??

P012345 wrote:

Thank you for your message.

I regret that I may have, accidentally, misled you - I'll try and explain more clearly, as brief as I can...

I was ill with depression and anxiety, plus stress caused by JC whilst claiming JSA. I then claimed ESA until my Appeal, nine months later. Whilst waiting for the Appeal, I couldn't deal with all the stress, pressure and questioning from the Benefits Agency in Plymouth, and I felt as though I might be able to apply for and take a job. Unfortunately, the boss certainly had behavioural problems, but also caused me to breakdown irrationally, and eventually after a couple weeks I was asked to leave. At this point, Jobcentre told me I couldn't claim ESA due to them saying I was fit for work, and adding that I had started (although finished) a job! Hence, I could only claim JSA until my Appeal months later, and then I was allowed to claim ESA again. However, they have now just asked me to attend another medical, and it is just history repeating itself!! I cannot cope with the stress of this again - last year, my Dr suggested I gave up appealing, on health grounds. I just don't know what to do!!??

As soon as you left your last employment, you were entitled to claim ESA again.

The Jobcentreplus office administratative staff are in no position to declare that you are fit for work. This is determined as a result of the ESA work capability assessment, and not by clerical staff within the DWP.

Unfortunately you will have to undergo the ESA process and all that it entails all over again, but as you are declaring that you are unfit for work there is no other option. Claiming JSA whilst you are unfit for work, will subject you to an equally if not more harsh regime than ESA.