esa stopped...jsa ??????????

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esa stopped...jsa ??????????

Postby cardu » Fri Apr 05, 2013 6:46 pm

hi every1

not been on for awhile due to you know what :lol:

had my tribunal on Tuesday for atos medical from march 2012.....failed the tribunal of course. :(

now my esa has been stopped even though im signed off by the doctor and ive been told I have to apply for jsa.

40 mins waiting on phone today then get recorded message saying "cant take phone calls try later"

great so my benefit is due tomorrow and now im not gonna have any money etc and have to wait til Monday to deal with jsa.

I cant work due to fibro and if I could the tramadol makes me sleepy anyway.
I also have been awarded disabled bus pass this week as I can hardly walk and even that causes me loads of pain.

so if im ill enough to get the buspass then why cant I get esa or dla????????????????????????????????????
cardu
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Re: esa stopped...jsa ??????????

Postby lolo73 » Fri Apr 05, 2013 7:03 pm

You can normally reapply after 3 months but not sure now with these changes that have come in this month. The important thing is not to accept stamp credits because they count as a claim and they count in the 3 month period. Unless of course it is best for you to have the stamp credit.
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Re: esa stopped...jsa ??????????

Postby gary15871 » Fri Apr 05, 2013 7:23 pm

I had same problem I did in the end win my tribunal but at first when my esa was stopped I phoned jsa to see what options were and was told I could not claim jsa as I was not fit for work all I can suggest is to speak to cab on how u stand to reapply for esa
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Re: esa stopped...jsa ??????????

Postby macca » Sat Apr 06, 2013 9:14 am

It would be intetsting to know if the tribunal were able to consider the award of the disabled bus pass or not. If it was awarded to you after the dwp initially turned you down then they wouldn't have been able to consider it.

I fought the dwp on my wifes behalf for 15 months and she was also awarded a disabled bus pass because she met the legislated criteria :-

"has a disability or an injury which has a substantial and long term adverse affect on his / her ability to walk"

Ultimately in my wifes case she went through a tribunal which took her from 0 points to esa work related activity group but ultimately we wrote to dwp requesting a 'supersession' of the appeal tribunals decision on the basis that there had been a decline in health since the tribunal decision such that she met a esa support group descriptor. At that point we were able to evidence the medically documented decline and also introduce the award of the disabled bus pass.

She was then put in the esa support group.

You might want to consider requesting a supersession of the current decision and in the process bring anything to the table that you feel supports you meeting the esa support group descriptor including the bus pass telling them the criteria that you have had to meet in order to get it.

Macca
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