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[Jules.]

As some of you know my husband suffers from Chronic Fatigue, resulting in his job-loss last year & my subsequent move from part to full time work. It's all going well, I'm used to working a full week now & he is on the mend. But he had to fill out a routine questionnaire about his health to see if he could still claim Employment Support Allowance ( at the princely sum of £65 or thereabouts ) a couple of months ago, & then go for a health check as well.

 

The powers that be have decided he's now longer eligable for ESA & is now to receive Job Seekers Allowance, at the same monetary rate as the ESA.

Thing is, he has a sick note ( or fitness to work note) from his GP which runs until June 10th which states he is not fit to work at all yet, so how can he be offered JSA when if he gets that money he should be " actively seeking work" ? He is expecting his GP to extend the sick note when he goes back to see her. He is under rehab & having physio to help with his recovery under our local excellent local CFS clinic.

 

So we're wondering how easy it might be to appeal against this decision? Our local independant advice centre have been really great with us in the past, & we wondered if they could help, with our problem being benefit related?

[poachedegg]

Sorry Jules, no advice, but just wanted to say good luck with it and great news that S is on the mend

[Woodcat]

hey

 

I'd appeal if i were you. I'm worrying because i have a medical coming up (i have the same thing as your oh) the general consensus across people i know is that they are doing the same thing that they do with DLA which is turn you down first of all whether you need it or not and then you have to appeal. I actually appealed part of my medical because i was put down as illiterate because I'm dyslexic and can't spell stuff backwards and i'll be honest that really offended me. If nothing else you lose nothing but time by appealing and with the doctors note you have something to fire at them. Good luck

[Patricia W]

defintely appeal. It's part of the push to reduce the number of people unfairly claiming they can't work - but it's being applied with a sledgehammer. I'd go and discuss with the doctor too as it will be his/her assessment which is challenged.

 

Tricia

[Jules.]

Thank you We will appeal. It buys us time if nothing else.

 

Hubby has an appointment with " The Shaw Trust" in a couple of weeks, they aim to get poorly people into work & have access to jobs which the job centre doesn't, & understand hubby's work capacity. They have been very helpful, too. If he is made to claim JSA then he is no longer allowed to go to the Shaw Trust & receive their help He'll just have to go to the job centre, & what a horrid place that is

 

Apologies to those forum members who work in a job centre, or who are actively seeking for work there, but our local one is just a playschool for people who have no intention of finding a job, who lounge inside & around the building looking

[Charlottechicken]

 

the general consensus across people i know is that they are doing the same thing that they do with DLA which is turn you down first of all whether you need it or not and then you have to appeal.

 

 

Sorry but that is a myth. The main reason people get turned down who subsequently win on appeal is they don't give enough information in the first place. The claim form is long for a reason and should be fully utilised. Two people with the same condition could be affected in very different ways and to varying degrees. It's no good just putting down what condition you have, you need to fully explain how it affects you in your day to day life.

 

Jules, good luck with hubby's appeal.

[Woodcat]

 

the general consensus across people i know is that they are doing the same thing that they do with DLA which is turn you down first of all whether you need it or not and then you have to appeal.

 

 

Sorry but that is a myth. The main reason people get turned down who subsequently win on appeal is they don't give enough information in the first place. The claim form is long for a reason and should be fully utilised. Two people with the same condition could be affected in very different ways and to varying degrees. It's no good just putting down what condition you have, you need to fully explain how it affects you in your day to day life.

 

Jules, good luck with hubby's appeal.

 

Lol yeah it doesn't matter how well you fill out the claim forms you get turned down. Several people i know have won on appeal with the exact same information they gave on the forms i should know i bloomin helped them write them. Dla seem to see M.E and say a flat no. It may not be an official system but that's the way it's working out for real life with this condition and yes i do know that i've helped with 7 DLa application and the same number of appeals. Im now working on ESA with my friends and we seem to be having the same difficulties.Because i've had M.E a very long time now i have a large number of friends with it and as such these things get talked about

[keyhole kate]

Thank you We will appeal. It buys us time if nothing else.

 

Hubby has an appointment with " The Shaw Trust" in a couple of weeks, they aim to get poorly people into work & have access to jobs which the job centre doesn't, & understand hubby's work capacity. They have been very helpful, too. If he is made to claim JSA then he is no longer allowed to go to the Shaw Trust & receive their help He'll just have to go to the job centre, & what a horrid place that is

 

Apologies to those forum members who work in a job centre, or who are actively seeking for work there, but our local one is just a playschool for people who have no intention of finding a job, who lounge inside & around the building looking

 

I worked for Shaw Trust until February 2010 I am now taking them to a Employment Tribunal but that's another story. Definately Appeal your OH ESA will be reinstated until his appeal is heard and currently the backlog is months Shaw trust (Pathways) have the DWP Contract to get people on sickness related benefits back into work If you are on ESA or any other sickness related benefit you have to attend Shaw Trust as a mandatory Client for Six WFI's. (work focused Interviews 1 each month for six months with an EA (Employment Advisor ) unless he found work in that time ) So your OH would have to attend even if he didnt want to. They do not have access to jobs that the JCP dosent as such what they do have are some links with employers that are more sympathetic to longterm illness and disability. I worked as a Job Match advisor trying to place clients to suitable roles, helping them apply updating CV's and such like.

 

Shaw Trust also has another DWP Contract (Flexible Routeways ) which helps people on JSA or any other benefit or even no benefit I worked on that Contract as an EA previous to pathways. I sympathise with having to use the Job centre I had to sign on for the 1st time in my life in February and I felt exactly the same trust me though the staff at the JCP can spot a genuine client to a work shy one at a glance just as I knew which clients were genuine in looking for work with Shaw Trust. Best wishes to your OH dont get stressed about it almost every single client we had failed there medical and we always advised them to appeal.

 

KK

[chickenanne]

....Thing is, he has a sick note ( or fitness to work note) from his GP which runs until June 10th which states he is not fit to work at all yet, so how can he be offered JSA when if he gets that money he should be " actively seeking work" ? He is expecting his GP to extend the sick note when he goes back to see her. He is under rehab & having physio to help with his recovery under our local excellent local CFS clinic.

 

I don't know anything about this, but just from the above it sounds to me like something has gone wrong - and appealing seems sensible. I do wonder if things which sound a bit esoteric or can affect different people in very different ways are far more difficult to explain and so more likely to get turned down - I'm guessing the people who process the forms aren't medically trained.

Best wishes to you and OH; I hope you aren't getting stressed about it all as am sure it will work out for the best.