ESA Finishing

I had my medical to renew my esa on 12th March and then my tribunal hearing for dla on 30th March. I was turned down mobility but given low rate carers as I need significant help during the day. I then received a letter from ATOS telling me that I was again being put into WRAG group instead of the support group. I then received a letter from them telling me that because I have already been on esa for 365 days that it would be ending at the end of april 2012. They also said that I was not eligible for income based esa as my hubby works full time. I know that the reason I was turned down dla mobility was because they were looking at how I was back in 2010, and also that my doctor had put at that time time that I was able to walk 100 mtrs, this might have been the case but I was in severe discomfort and pain in less than 10 metres and would have to stop for at least 15 mins to let the pain subside sufficiently for me to carry on. I am in pain each and every day and this pain varies in intensity throughout the day and every day, I have many other symptoms such as chronic fatigue, costochondritis, joint problems, stomach problems, sleep problems and to many others to mention and I really dont know what to do. I have already got in touch with welfare rights and they are going to help me appeal the esa decision, ive requested all paperwork from atos re the medical and contact with dwp, ive also requested a statement of reasons and a report of proceedings from the tribunal hearing for dla, but what I need to know is am I best now claiming job seekers as I do need money to live on as my hubby lost over £2500 from his wages in february this year so I need to be bringing in something to help with the bills we have to pay. What else do I do, any help and information would really be appreciated as I feel that I should be entitled to more support than a year after working all my life, just having 6 years out to have children. I feel that I am being penalised for being ill and having a husband that works full time. Please help me this is getting me stressed and stress makes my illness worse.

I think you will find it difficult to argue that you should be in the support group if you are claiming JSA.

In theory, claiming JSA after an adverse ESA decision should not have a detrimental affect on an appeal. Tribunals have to look at the case at the time of the decision and even the DWP advise that it will not affect an appeal. Unfortunately though, I have known a case where a tribunal did consider it as evidence.

Ultimately Fedup, only you can decide if you wish or need to claim it but your may wish to discuss it with your welfare rights advisor.

Good luck

Derek

As a follow-on the what Gordon has said - if your condition deteriorates at a later date you would be able to access the support group only if you had remained unfit for work meanwhile (even if your WRAG payment had stopped).

I am currently in the WRAG and due to be retested shortly, in view of this i spoke to my local jobcentre to ask what happens if i am kept in Wrag as my money will stop shortly due to 12 month rule.
I was told i would not be able to claim JSA as being in WRAG means that i have been classed as not being currently fit for work.
Not sure if this is correct,perhaps someone can confirm this.