howwhat why, ? such a dreadfull mess, what should

Hi, got letter from court hearing appeal last thursday, and i didn't get it?

\my submission was heavily complimented by both judge and dr, the meeting went smoothly with the exception off a question that the judge was persisitant on, not really sure why.

I have been in terrible state since opening letter.

spent ages phoning round ,

I have been toldto reappley for esa, hat i have just been refused.

i will not get any money until new claim for esa is accessed, nothing to live off and nothing towards housing costs,
not sure how anyone can survive this, or has someone told me the wrong info.

one phone call to jobcentre plus was like pulling teeth, even thou i was paying for the call.


have been given details of food bank, have to have an appointment and qualify .

Help please, I am sinking fast.
I am so fit for work, I have long hospital appt tomorrow that i really dont feel like bothering with now, as i m fit and healthy so they say(gov) what is the one i am wondering.

any cherful thoughts wold be great. thanks

sunshine wrote: Hi, got letter from court hearing appeal last thursday, and i didn't get it?

\my submission was heavily complimented by both judge and dr, the meeting went smoothly with the exception off a question that the judge was persisitant on, not really sure why.

I have been in terrible state since opening letter.

spent ages phoning round ,

I have been toldto reappley for esa, hat i have just been refused.

i will not get any money until new claim for esa is accessed, nothing to live off and nothing towards housing costs,
not sure how anyone can survive this, or has someone told me the wrong info.

one phone call to jobcentre plus was like pulling teeth, even thou i was paying for the call.


have been given details of food bank, have to have an appointment and qualify .

Help please, I am sinking fast.
I am so fit for work, I have long hospital appt tomorrow that i really dont feel like bothering with now, as i m fit and healthy so they say(gov) what is the one i am wondering.

any cherful thoughts wold be great. thanks

Hi s,

I am sorry that your ESA appeal failed !!

You could consider appealing to The Upper Tier, if the First Tier have erred in law in coming to their decision :

You would first have to request a Statement of Reasons within one month of the date of the Decision Notice letter, and you may need professional advice on this.

Legal Aid is still available for appeals to The UT, see :

What is an Error of Law?

Tribunals – Requesting a Statement of Reasons

Appealing to The Upper Tier, DR UK Factsheet

&

Where to get advice?

Unfortunately, even if you did appeal to The UT, you would not be entitled to any payment, as you have been with your appeal to The FTT.

You can make a fresh claim for ESA, and if six months or more have passed since the original adverse decision, and you are entitled to CB ESA or IR ESA, you will receive payment, and you will have to fill in a fresh ESA50, and go through another ESA WCA.

You will also need fit notes from your G.P.

Information on making a fresh claim for ESA can be found here :

www.gov.uk/employment-support-allowance

So you can make a fresh claim, which should give you some monies to live on, and appeal to The UT. (if possible.)

You should also be aware that it is possible to receive Housing Benefit, on a nil income. You should contact your LA/Council regarding this.

This link may be of some help :

Find Your Local Welfare Assistance Scheme

bro58

thank you , i seem to have gone round in circles today.

i think appealng higher would have reasn for but need legal advice i should think.
going to apply for reasons in post tomorrow.

money, they said nothing, nil, i have no other income or partner with anything.
usually i get help with mortgage interest.............not as much as ren would be but all helps.this has stopped as of today. my last interim esa payment was 18thnov , i now have nothing coming in.

i really don't understand why no income support or other help, everywhere said no money including different members of the jobcentre plus people.

i am very upset, it took a lot out of me to get to appeal last thursday and i just lasted the interview 30 mins. i would love to beable to get back to work, gain my old life back ,drive and all the simple personal and household thngs but i honesty cann't. tred to get gp appt and have to waituntil wednesday next week, to talk t my gp and get another fit note ven though the one they have at jobplus lasts untl jan 2014.

they said my claim had to be for a worsening condition or different condition.? i have one main condition and 2 that ome in close second.....i included all and everthing on the forms and he submission last week so don't know what different anyone can put, all is meant to be on the form anyway.

sorry if sound miserable , just a bad day, also keyboard sticking and funny letters are coming out for spelling so please forgive.
site is great , have learnt so much, thinking of being a lawyer if only well enough!!! ( joke).

sunshine wrote: thank you , i seem to have gone round in circles today.

i think appealng higher would have reasn for but need legal advice i should think.
going to apply for reasons in post tomorrow.

money, they said nothing, nil, i have no other income or partner with anything.
usually i get help with mortgage interest.............not as much as ren would be but all helps.this has stopped as of today. my last interim esa payment was 18thnov , i now have nothing coming in.

i really don't understand why no income support or other help, everywhere said no money including different members of the jobcentre plus people.

i am very upset, it took a lot out of me to get to appeal last thursday and i just lasted the interview 30 mins. i would love to beable to get back to work, gain my old life back ,drive and all the simple personal and household thngs but i honesty cann't. tred to get gp appt and have to waituntil wednesday next week, to talk t my gp and get another fit note ven though the one they have at jobplus lasts untl jan 2014.

they said my claim had to be for a worsening condition or different condition.? i have one main condition and 2 that ome in close second.....i included all and everthing on the forms and he submission last week so don't know what different anyone can put, all is meant to be on the form anyway.

sorry if sound miserable , just a bad day, also keyboard sticking and funny letters are coming out for spelling so please forgive.
site is great , have learnt so much, thinking of being a lawyer if only well enough!!! ( joke).

Hi s,

Try not to be too down !!!

Easier said than done, I know !!!

"they said my claim had to be for a worsening condition or different condition.? i have one main condition and 2 that ome in close second.....i included all and everthing on the forms and he submission last week so don't know what different anyone can put, all is meant to be on the form anyway."

The DWP are partly correct here with regards to making a fresh claim due to your condition deteriorating or that you now suffer from new conditions.

However, that is only if 6 months have not passed since the time of the original adverse fit for work decision.

Once 6 months have passed, you can make a fresh claim on the same medical condition without a change or deterioration.

I believe that you need to be receiving a "Passport Benefit" (such as IR ESA) to be entitled to SMI :

www.gov.uk/support-for-mortgage-interest/eligibility

bro58

Hi s,

Making a fresh claim for ESA 6 months after the adverse decision is covered under ESA Reg 30 (2) (b) :

www.legislation.gov.uk/uksi/2008/794/regulation/30/made

As seen on CPAG, as well.

www.cpag.org.uk/content/esa-repeat-claims-and-appeals

So you can make a fresh claim for ESA without a change or deterioration in your condition as long as 6 months or more has elapsed.

bro58

thank you, i was at hospital all afternoon yesterday and had to leave in the morning as it is 1hr 40 mins away!
I was made to wait from thurs afternoon at court appeal to monday lunchtime post for my refusal! i would have much prefered to find out there and then.

I havelooked around at the pages been suggested and,
My intitial refusal was well over 6 monthes ago, ( have been told to fill new claim for esa but with worse or different condition) BUT reading online it looks as if I can use the sam main condition And to my much relief get basic ESA payments whilst the are looking at the new claim ( jobcentre plus 3 tdifferent calls said I would have no money at all to live on and offered local food bank phone number).

I read the right info ladt night and you can imagine my relief atleast a little money will continue to come to me once new claim is with the jobcentre.
I intent to try upper tribunal on points of law, there were a few possibilities , bu i will need legal advice for atleast the first stage to check that can appeal higher.

?? I have 30 days to apply for reasons of why refused on appeal and the 30 days from receivng to make higher appeal if going to. bearing in mind xmas is in the middle of things. Would it be best to get reasons now or wait a couple of weeks?? this would more me past some of xmas???

??? new esa claim form on route to me, would it be better to have the reasons in fromt of me before filling in esa??? i dont know how long it will take to get reasons from te court?
can not get gp appt until mid next week, wanted his input if possible on new claim??? can i should I give him a copy of my submission to read in advance( as I don't think he will know all the ways it effects me) , or is this very un wise?

Would talking to gp about , about the realistic unable to search/work? see if he would wrte the sentence which omits from being considered as would worsen health. I have not fit note from gp already , so he knows i can't do work and this has been on going for last aprox 7 years??

sorry know that is a lot in one go , but anything you are able to answer now or later will be wonderful.thank you