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Thread: ESA situation, please help

  1. #1
    Join Date
    May 2011
    Posts
    77

    ESA situation, please help

    hi

    Have been on ESA for 2 years, have never been awarded it, been on assessment phase all that time,
    have done 3 medical questionnaires, 3 atos medicals, 'failed' all 3 times, appealed every time, tribunal stage
    never reached or decision never been made to award ESA to me, every time jobcentre say their atos medical
    reports were not up to standard, not fit for purpose, ie they made mistakes, so they send me back to the
    beginning stage.

    They have said if i go on JSA or find suitable work now I will NOT be entitled to the backpayment
    of ESA for the 2 years, as their reports are not fit for purpose.
    So it seems i would lose money because they have not done their jobs properly.

    I was preparing for the tribunal hearing, and they pulled out at last minute.
    I just want a conclusion, the whole ESA process is bad for my health and im fed up with it.

    What if my symptoms are less than they were a year ago? or go on JSA out of esa frustration?
    How can they ask me to do another medical now, but link it to the beginning 2 years ago?
    they should treat it as separate claims.

    I have a CAB caseworker, but he is not allowing me to come in and see him to go through it all.
    They dont have time. Its all quick phone calls. I feel alone in this with no support or help.
    I dont know what to do. Deadline for 4th esa50 questionnaire is approaching.

    I need to be focusing on my health and getting better, not fighting this esa procedure.

    Can anyone clarify my rights, or what i could do,
    if i try helping myself by finding any sutiable work or go on jsa, i lose my esa from the past two years?
    feels like they are trapping me on ESA.
    The whole process is a pain, form, medical, fail, appeal, deadlines, reconsider, tribunal.

    thanks for any advice.

  2. #2
    Join Date
    Apr 2003
    Location
    , , United Kingdom.
    Posts
    46,995

    Re: ESA situation, please help

    Hi

    The best thing to do is talk to Citizens Advice as they will have all the facts etc for you.
    __________________
    Nicola

    “Don't be afraid of death; be afraid of an unlived life. You don't have to live forever, you just have to live.” - Natalie Babbitt

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