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New claim after not returning ESA50
- Seth Kneller
- Topic Author
9 years 2 months ago #129973 by Seth Kneller
New claim after not returning ESA50 was created by Seth Kneller
Hi,
I have Aspergers Syndrome, ADHD and mental health problems, but since 2013 I have tried to work as much as possible. Unfortunately, in the last few months I have found it very difficult to sustain work and the stress of trying to find a new job makes me very depressed and anxious.
I worked one job last year from Feb to Sept 2014, after that job ended I had a week where I was suffering from very painful plantar fasciitis and could not walk. I got a sick note for 2 weeks from my GP and claimed ESA. I did not return the ESA50 because I did not expect my GP to consider signing me off for any longer. I did not reply to them when they asked me to submit further sick notes/ESA50.
Since then I claimed JSA from 1st Dec until 13th Jan when I found another job. Unfortunately because of my poor mental health, I was unable to sustain this job for more than 5 days. Since then I have been feeling very depressed as I did not really know what to do. It is fair to say that I have felt under a lot of pressure to work by the current government and this just makes me more depressed. Last week I managed to get a sick note and re-claimed ESA.
I had a phone call today from ESA asking me about why I didn't return the ESA50 before and saying that she was about to pass my claim to a decision maker, but she would hold off to allow me to email her a statement.
I don't really know what to say or what the consequences for this would be, but I know I can't work and I need to claim benefit or I will be evicted. I live in East London, my rent is horrific. I have been depressed and suicidal enough recently that the local mental health services have been coming to see me at home on a regular basis.
Through most of my 20's (I am 34 now), I claimed Incapacity Benefit and worked when I could. I have claimed ESA before and made it past the ESA50, but I have avoided the WCA by finding work. I really need a break to sort my life out and hopefully receive some support from psychiatrists, etc.
Please advise!
Thank you,
Seth
I have Aspergers Syndrome, ADHD and mental health problems, but since 2013 I have tried to work as much as possible. Unfortunately, in the last few months I have found it very difficult to sustain work and the stress of trying to find a new job makes me very depressed and anxious.
I worked one job last year from Feb to Sept 2014, after that job ended I had a week where I was suffering from very painful plantar fasciitis and could not walk. I got a sick note for 2 weeks from my GP and claimed ESA. I did not return the ESA50 because I did not expect my GP to consider signing me off for any longer. I did not reply to them when they asked me to submit further sick notes/ESA50.
Since then I claimed JSA from 1st Dec until 13th Jan when I found another job. Unfortunately because of my poor mental health, I was unable to sustain this job for more than 5 days. Since then I have been feeling very depressed as I did not really know what to do. It is fair to say that I have felt under a lot of pressure to work by the current government and this just makes me more depressed. Last week I managed to get a sick note and re-claimed ESA.
I had a phone call today from ESA asking me about why I didn't return the ESA50 before and saying that she was about to pass my claim to a decision maker, but she would hold off to allow me to email her a statement.
I don't really know what to say or what the consequences for this would be, but I know I can't work and I need to claim benefit or I will be evicted. I live in East London, my rent is horrific. I have been depressed and suicidal enough recently that the local mental health services have been coming to see me at home on a regular basis.
Through most of my 20's (I am 34 now), I claimed Incapacity Benefit and worked when I could. I have claimed ESA before and made it past the ESA50, but I have avoided the WCA by finding work. I really need a break to sort my life out and hopefully receive some support from psychiatrists, etc.
Please advise!
Thank you,
Seth
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- Gordon
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9 years 2 months ago #129978 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New claim after not returning ESA50
Seth
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You need to write to the DWP explaining why you have not completed and returned the ESA50, your mental state may be sufficient Good Cause, but the Decision will still lie with the DWP. If you do not do so, or your reasons are not accepted then there is a very good chance that you will be found technically Fit for Work. Apart from your current claim being closed being found Fit for Work will also mean that any new claim will not be payable for six months from that date or until you have attended an assessment, given the current delays in the system the former is most likely to be the case.
If your claim remains open you will need to complete and return an ESA50, at this stage I cannot tell you how long you will be given to do this, but it is unlikely to be more than four weeks, so you might want to start doing so now. Have a look at our ESA Claim guides for more information on doing this
www.benefitsandwork.co.uk/help-for-claimants/esa1
If it will help there is an electronic version of the ESA50 that you can complete on your computer. See
Using The PDF Version Of The ESA50 Questionnaire
You say that you have avoided the WCA in the past, whilst it is not impossible that an award can be made without you attending, it is very unlikely so you need to give some thought as to how you might manage this, as failing to do so, will simply put you back in the situation that you are now!
If you have any questions, then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You need to write to the DWP explaining why you have not completed and returned the ESA50, your mental state may be sufficient Good Cause, but the Decision will still lie with the DWP. If you do not do so, or your reasons are not accepted then there is a very good chance that you will be found technically Fit for Work. Apart from your current claim being closed being found Fit for Work will also mean that any new claim will not be payable for six months from that date or until you have attended an assessment, given the current delays in the system the former is most likely to be the case.
If your claim remains open you will need to complete and return an ESA50, at this stage I cannot tell you how long you will be given to do this, but it is unlikely to be more than four weeks, so you might want to start doing so now. Have a look at our ESA Claim guides for more information on doing this
www.benefitsandwork.co.uk/help-for-claimants/esa1
If it will help there is an electronic version of the ESA50 that you can complete on your computer. See
Using The PDF Version Of The ESA50 Questionnaire
You say that you have avoided the WCA in the past, whilst it is not impossible that an award can be made without you attending, it is very unlikely so you need to give some thought as to how you might manage this, as failing to do so, will simply put you back in the situation that you are now!
If you have any questions, then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Seth Kneller
- Topic Author
9 years 2 months ago #129982 by Seth Kneller
Replied by Seth Kneller on topic New claim after not returning ESA50
Right, so basically I should make funeral arrangements now... lovely.
Thanks for your help anyway. When I said I had avoided the WCA, what I meant is that I had found a job at around the same time as the WCA was due, not that I hadn't been asked to go to one.
Thanks for your help anyway. When I said I had avoided the WCA, what I meant is that I had found a job at around the same time as the WCA was due, not that I hadn't been asked to go to one.
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- Gordon
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9 years 2 months ago #129983 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New claim after not returning ESA50
Seth
There is an opportunity for you to get your ESA claim back on track, the fact that the DWP actually contacted you rather than simply closing your claim means that it is still a discussion topic, it's obviously your decision as to whether you pursue this option of not. If you don't then your only option in regard to benefits is to claim JSA again.
Gordon
There is an opportunity for you to get your ESA claim back on track, the fact that the DWP actually contacted you rather than simply closing your claim means that it is still a discussion topic, it's obviously your decision as to whether you pursue this option of not. If you don't then your only option in regard to benefits is to claim JSA again.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Gordon
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9 years 2 months ago #129984 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic New claim after not returning ESA50
Seth
There is an opportunity for you to get your ESA claim back on track, the fact that the DWP actually contacted you rather than simply closing your claim means that it is still a discussion topic, it's obviously your decision as to whether you pursue this option of not. If you don't then your only option in regard to benefits is to claim JSA again.
Gordon
There is an opportunity for you to get your ESA claim back on track, the fact that the DWP actually contacted you rather than simply closing your claim means that it is still a discussion topic, it's obviously your decision as to whether you pursue this option of not. If you don't then your only option in regard to benefits is to claim JSA again.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Seth Kneller
- Topic Author
9 years 2 months ago #129986 by Seth Kneller
Replied by Seth Kneller on topic New claim after not returning ESA50
Gordon,
I understand this, I do. However, it seems like it's going to take a lot of convincing on my part to overcome this.
I am (as I am sure most of us are) terrorized by the media and all the things that Ian Duncan Smith is planning to do next. I have been on JSA, I know the pressure of them constantly trying to get you to find a job. Not only that but since I left my last job voluntarily, I doubt they would accept my claim there either.
Thank you for your advice, I will write the statement explaining why I didn't return the ESA50 now.
Seth
I understand this, I do. However, it seems like it's going to take a lot of convincing on my part to overcome this.
I am (as I am sure most of us are) terrorized by the media and all the things that Ian Duncan Smith is planning to do next. I have been on JSA, I know the pressure of them constantly trying to get you to find a job. Not only that but since I left my last job voluntarily, I doubt they would accept my claim there either.
Thank you for your advice, I will write the statement explaining why I didn't return the ESA50 now.
Seth
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