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TOPIC: ESA WENT IN BANK THEM CAME STRAIGHT BACK OUT!!!

Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 8 years 11 months ago #38620

If the six month rule applies, the ESA50 would be irrelevant as the claim would be disallowed because the claimant had not met the time-limited qualifying conditions, regardless of their medical condition.

There would be no requirement to initiate the WCA in these circumstances.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 8 years 11 months ago #38643

  • jj
After careful consideration to the comments made I can only conclude from the information I have from the CPAG and the Disability Alliance that I am being punished for being ill under the 6 months rule..

It would appear that the decision maker has decided that my condition is the same within the 6 months of the last failed PCA under the old IB rules for payment of Income Support for sickness.

Therefore according to that rule I can only be paid "if" there has been a significant change such as the same condition worsening, or I have a new illness.

Well the fact is I do, I have acid reflux which keeps me up at night and feel sick in the day. I have increases in my depresion tablets, and the condition itself and I have problems with my joints in legs and arms ect..

so naturally I would like to appeal...but

Disability Alliance manual 2008-2009 also say that:

Apparently the decision can not be appealed!!!!, but I beg to differ this as any decision must carry the right of either chalenge, review, reconsidered, or appeal, with the exception of loans and grants which can be chalenged only.
Is this true????

Also I should be allowed to apply again at the same time as appealing the above claim, Is this true?

Also my partner is ill and I was thinking would it be possible for her to make a claim as the main applicant and me as partner so as to remove the 6 months rules period as she has not claimed before now, and it would be a new claim , for that reason is that possible and what is the backdating rule to claim from 5 October 2010.??

Any help would be great..and any chance of a job with this site???


jj

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Re:ESA WENT IN BANK THEM CAME STRAIGHT BACK OUT!!! 8 years 11 months ago #38646

Hi JJ

My understanding is that if you fail the PCA and claim ESA, the six month rule should not apply, as they are different tests of incapacity/limited capacity to work.

I'll repeat the advice that Pete and myself have given you. You need to see a welfare advisor who can go through the paperwork with you, as the six month rule is quite complexed. Joint claims make the situation even more complexed, and it would not be appropriate to give advice through a notice board without knowledge of all the facts.

Forget what I said earlier about complaining to your bank, I've heard that it can happen in certain circumstances.

Good luck

Derek

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ESA WENT IN BANK. SPENT IT. THEY WANT IT BACK ! 8 years 9 months ago #44168

  • chills
Backdated ESA (3 months worth) went into bank last week, I withdrew most of it to pay my bills and stock up on essentials, bar £100. Good job I did! DWP letter dropped through my door this morning to say I am not entitled to it because not enough NI contributions for period
2008-2009. Ooops! States no more ESA will be paid. Better go and withdraw that balance....I know they will get it back somehow. For now, I am well fed :silly:
They are still requesting further sick notes though.
Question - Do I still attend medical next week? What else can I apply for if not entitled to ESA??

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Re:NOT PAYING ESA UNTILL PASSED MEDICAL!!!!! 8 years 9 months ago #44324

  • originaldave
jj wrote:



Well the fact is I do, I have acid reflux which keeps me up at night and feel sick in the day.

jj


I know how bad that can be I had it ten years ago caused by a drug I was taking during a trail, got burns on my throat.. was sent to St Marks
www.stmarkshospital.org.uk/

They are a national and international referral centre for intestinal and colorectal disorders.

They did tests then told me to buy 2 house bricks for under the bed :laugh: at the head end worked a treat :)

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