Failed ESA Appeal

[daisylily]

Hi, Can anyone help me? I've just lost my ESA Appeal. Can you tell me what will happen next? Does my money stop immediately? I was advised by the judge to reapply. Look forward to your advice.

Thanks

[Fibrofoggiest]

Hi there daisy, to my knowledge your money won't stop immediately , and certainly do go ahead and reapply as the judge suggested, as they can't stop your money whilst you're appealing. iIf you contact Mdaisy at [e-mail], I think she may well have advice sheets she can give you.

Good luck and don't give up the fight, come here and we will give you all the support we can

Foggy x

[daisylily]

Hi Foggy,Thanks for that advice. I have had FMS since I was 12yrs of age and i'm now 43. I'll keep you posted.

[Hidden]

This really gets me so cross,why does the so called judge advise to reapply surely it is a contradiction of themselves wouldn't it be more practical and economic to award the bloody ESA in the first place! I haven't dared apply for any help or support even though I desperately need it,the stress is far too much for me to endure xxx

[Lynn27 in reply to Hidden]

Hi please apply. When filling in the form put how you are on your worst days. If you can't get out of bed in morning put that down, trouble bathing/showering lifting moving shopping all what fit and healthy people take for granted things we can only dream of doing. If it stresses you put that down the more info you can give the better. Hopes this helps

[Offcut]

Maybe the judge is obliged to state that you could re appeal. Just like JSA will always state that you apply for DLA/PIP and do not mention ESA.

[Lynn27]

If your illness has changed or you have a different condition as well they could accept another claim, it's worth checking.

[susd666]

hello i lost my ESA appeal also, my money stopped 10 months before the appeal. The ESA stopped after the set time,and i was not able to claim a penny elsewhere while waiting for the appeal of which for no reason of my own was cancelled twice at the last minute, the judge advised me to call the jobcentre immediately and claim jobseekers allowance of which i did even thou i am still unable to work, this as i have a full time worker in the house lasts for 6 months only, i applied for disability allowance and was also refused this as fibromyalgia is not classed as a disability. so if they have already advised you try this of which they expect you to go to an interview to see if you are worthy.. Degrading is the only word for it more so when you have to sign on and look for work and prove you have applied for work weekly even thou they are aware you have no chance of getting work!! good luck I will also say even now to date i am not able to claim a penny and have rely on my husband 100%

[daisylily in reply to susd666]

Hi, thank you for your reply. I'm undecided what to do. In the summer I won my DLA claim, I only get low rate care but it is better than nothing. In my medical for ESA I scored 0 points but in my appeal I managed to get 9 although I still needed another 6 to be able to claim the benefit. I have been on incapacity benefit for a long time. There is no way any one is going to employ me. Yes, I agree it is the most degrading situation I have been in in my whole life. I feel worthless. It looks like I will have to rely on my husband 100% too. I'll keep you posted as to what I decide to do. Try and keep your chin up.

[daisylily]

Hi, thank you for your reply. I'm undecided what to do. In the summer I won my DLA claim, I only get low rate care but it is better than nothing. In my medical for ESA I scored 0 points but in my appeal I managed to get 9 although I still needed another 6 to be able to claim the benefit. I have been on incapacity benefit for a long time. There is no way any one is going to employ me. Yes, I agree it is the most degrading situation I have been in in my whole life. I feel worthless. It looks like I will have to rely on my husband 100% too. I'll keep you posted as to what I decide to do. Try and keep your chin up. Just realised I put my reply in the wrong box, blame it on fibro!

[Kirby]

You should try reapplying again although the rules are changing regarding appeals at the end of October - that is, before you can appeal you need to have a mandatory reconsideration first. It is all atrocious and they are also cutting legal aid meaning access to justice has never been harder. I don't think the severe hardship payments have been scrapped yet. You could also apply for JSA but that puts people into a potentially illegal position having to claim something which is supposed to be for 'fully fit' people but we all know that Atos get at least 40 % of decisions wrong so the DWP are well aware there are people signing on who shouldn't be. I think people decide to go down this route for fear have having no income but it all depends on having a decent adviser at the Job Centre and there are also DEAs there to help people. There is also regulation 29 and 35 to consider if you can get medical back up to state that your mental or physical health will be at risk if you're found fit for work. These are regs that they are supposed to take into consideration when you apply for your ESA and especially if you've got medical evidence to back it up. Best wishes

[daisylily]

Thank you for your advice. I'm going to the CAB on Monday so i'll see what they have to say. I've been suffering with FMS since I was 12 and I'm now 43. There are times when I just can't be bothered to carry on, if it wasn't for my children I don't think I'd bother to put up with this crap.

Many thanks