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Thread: Mandatory Consideration

  1. #21
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    So I'm still awaiting my ESA appeal date. I have been claiming job seekers allowance since my ESA stopped, they were fairly easy on me to begin with but seem to be cranking it up a bit now (since I mentioned my MR decision). I have decided to use the 13 weeks sick leave your allowed. I know I need to go in and ask my doctor for a sick note but what then - do I take this in to the jobcentre and ask my workcoach or do I phone the DWP??? I prefer to do the former if i'm honest.

    I could in theory go back onto ESA Assesment rate, which might be better, tho it's a quite a dip in money and i'm now in the process of being moved from DLA to PIP for which I have no idea what the outcome will be.

    I haven't been getting sick notes for my period of JSA and actively seeking work (except at the beginning I got one for 3 months I think). I'm assuming that's normal, I keep reading or getting so much conflicting info.

    Also can pppl ring the tribunal office and ask what the current backlog is and what approx time I'd be looking at for an appeal date? Or perhaps that's inappropriate.

  2. #22
    Senior Member nukecad's Avatar
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    You can ring the clerk of the court to ask, the number will be on any letter you have from the court.
    The clerks are usually very helpful, it's part of their job to answer questions like that, and they do know what is going on in their court and what waiting times are like.

    As for the fit note I would take it to the jobcentre, probably best to make an appointment.
    However as you say you have already had 3 months sick while on JSA I'm not sure that you can have any more JSA sickness for 12 months?
    After the first 13 weeks sickness you are supposed to claim ESA, but of course.......

    https://www.google.co.uk/url?sa=t&rc...WVLn6AcMqzNDM0
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #23
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    Quote Originally Posted by nukecad View Post
    You can ring the clerk of the court to ask, the number will be on any letter you have from the court.
    The clerks are usually very helpful, it's part of their job to answer questions like that, and they do know what is going on in their court and what waiting times are like.

    As for the fit note I would take it to the jobcentre, probably best to make an appointment.
    However as you say you have already had 3 months sick while on JSA I'm not sure that you can have any more JSA sickness for 12 months?
    After the first 13 weeks sickness you are supposed to claim ESA, but of course.......

    https://www.google.co.uk/url?sa=t&rc...WVLn6AcMqzNDM0
    Thanks for the reply. I'll give them a ring next week I guess.

    Sorry I wasn't very clear in my post. I got a sick note (which the doctor just happened to issued for 3 months) for a period where during my MR I claimed nothing (about 3 weeks), a lady from the Richmond Fellowship was horrified by this lol and convinced me to claim JSA. Which I did - I never handed this sick note into the jobcentre or used the 13 week period sickness as they seemed to be going very gently with me. I have only had one period of sickness which was for 3/4 days.

  4. #24
    Senior Member nukecad's Avatar
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    Thats fine then, you should still be able to have the 13 weeks extended sickness.

    Keep that 3 month sicknote, once you go to tribunal it will let you be backpaid assessment rate for that period when you were not claiming anything during MR.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #25
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    So I emailed the tribunal service asking what the average waiting time for ESA appeals are for their Brighton venue - 41 Weeks!!

    I was expecting them to maybe say 6 months max not 9/10 months. Guess it'll be 2019 before my appeal is heard. My appeal was lodged 13 weeks ago.

  6. #26
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    Well my ESA appeal day is finally here *gulp*
    Tomorrow morning.

    My MIND advocate left so I have new one who I only met today for the first time! which is a bit annoying as she obviously doesn't know me. She seems alright though.
    Think she wants to bring up with the tribunal the distress of the time it's all taken. ESA50 April 2017, Assessment Feb 2018, Tribunal Mar 2019. It should not take 2 years to sort out a sodding benefit claim.


    Anyways just have to see how it goes I guess....
    Last edited by Mory; 03-11-2019 at 06:56 PM.

  7. #27
    Good luck for tomorrow

  8. #28
    Good luck for today regards palmer

  9. #29
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    Thank you both ^^ / ^

    Well won my appeal . Didn't get back into support group but placed in the WRAG, though I can see why. Scored 18 points and described as significantly limited. Not to be reassessed for 18 months.

    My advocate had said that the tribunal people are usually ok but the last person she had attended with was grilled. Mine was fairly quick (or it seemed), the doctor asked me some questions to clarify some stuff in some of the descriptors and was fairly neutral. The Judge was fine, she made a huge point of pointing out there independence and that they were not the DWP. Thanked me more than once for attending and said it was a 'privilege' for them that I had attended. Not what I was expecting at all! I think it was fairly short as my supporting evidence was strong and consistent (I'm speculating here) plus the complaint to the assessment providers (written by my recovery worker at MIND who also attended my assessment) which I included showed clearly and succinctly the holes and cherry picking in the assessors report that scored me zero.

    I didn't have to leave the room (apparently unusual) they had a bit of a whisper and the doctor passed a piece of paper to the judge. And I was told 'ESA is absolutely the right benefit for you to be on'. Which made me think they'd already thought this before I even walked in.

    Still, it's a huge relief it's over and done with.
    Last edited by Mory; 03-12-2019 at 06:10 PM.

  10. #30
    that is SUCH good news Mory

    really really pleased for you

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