ESA Appeal ?

I was refused ESA after my ATOS medical my ESA was stopped on 4/03/13 I was told I was fit for work and to go to the job centre, At the job centre I was asked "am i fit for work" and I said no and my GP and consultant say im not but your ATOS pen pusher said i am! they told me I could not claim JSA as "im not fit for work" SO at the moment I have no money coming in, I have appealed to ESA against their decision and they have accepted my appeal to look into their decision question is should ESA be paying me some money whilst im waiting for their decision? and if not how the hell do i live :-(

7 Replies

  • I have no answer for you, just wanted to send support and gentle hug xx

  • This is my worry I had my esa medical last week so am in the dangerous territory of not being able to appeal as they are stopping the right of appeal.....

  • You can still appeal, but the problem you will have is finding an organisation that does this type of work. The CAB in many areas no longer do this type of work, and as legal aid funding has been withdrawn for benefit claimants, you can't get a solicitor to help either.

    On a more positive note, if you are a criminal, you can still get legal aid. So some good news there to cheer you all up.....a bit. :)

  • If you filled in a GL24, they are supposed to pay you the basic rate, ie without the component part which should leave you with the same money that you would get on JSA.

    Did you submit a GL24?

  • The information below on benefits may help. If you don't have the Benefits & Work guides, we recommend getting them (you can get them for free through FibroAction by emailing

    It may also be worth making an appointment to see your MP. It is utterly ridiculous that so many people are being put in this position, of being told by ATOS that they are fit for work but being told by the DWP (and their doctors) that they are not. If you are not eligible for ESA on the grounds of being fit for work, it should be that you MUST be eligible for JSA IMO. :(

  • Thanks Everyone....I got a letter from them today saying I will be on the basic rate £71 until they look at my appeal. They have back dated it to the date they stopped it so that was a nice bonus :-) (although that will go on the bills I have accrued while having nothing coming in) I have not heard they are stopping the right to appeal? Isn't it a human right to be able to appeal? and illegal for us not to be allowed that right? this country is up the wall!!

  • I have been in that position. I got to the jobcentre stage but the way i was treated there, put me back into a severe depression. They stopped my JSA too then, because my Dr gave me a sick note and i wasnt fit for work, which is what i said in the first place but had no choice but to say i WAS fit. (So the government MAKE US LIE to eat and pay bills.) Then I paniced and didnt know what to do. So i applied for ESA again and got it!! One day, i checked my bank account and there was £300 extra to what there should have been. It said it was paid in by ESA, so i naturally assumed they'd messed up (never??!!). Nope, it was backdated money since i applied, because i'd been put in the WRAG. (But they forgot to tell me in writing, till after Id questioned it with them. Funny that... So Woooohoooo!!!! And now for the bad news... Ive got a WR interview at the jobcentre on 12th April. I never wanted to set foot in there again and if im treated like dirt again, i'll apply to be put in the support group. Waste of time complaining to the jobcentre, as i did, coz they never even acknowledged that they'd got my letter. I know they did coz i delivered it myself !! Good luck.xx

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