failed esa assessment,

hi, all. first post,
i am a 60 year old male, after my failed esa assessment,for leg pain, i am back claiming jsa, but i have nasal polyps blocking my nasal passages. and they have worsened, my nose is blocked solid i cant blow it because of the polyps blocking it. it jut constantly drips,i can not sleep, i get migraines on a regular bases, my  jsa adviser does not listen and has enrolled me on another course, can i claim sick until after the operation, i m due to have, which could take months,as the hospitals are full. according to my doctor.

bcham wrote:hi, all. first post,
i am a 60 year old male, after my failed esa assessment,for leg pain, i am back claiming jsa, but i have nasal polyps blocking my nasal passages. and they have worsened, my nose is blocked solid i cant blow it because of the polyps blocking it. it jut constantly drips,i can not sleep, i get migraines on a regular bases, my  jsa adviser does not listen and has enrolled me on another course, can i claim sick until after the operation, i m due to have, which could take months,as the hospitals are full. according to my doctor.

Hello and welcome Bcham!

Sorry to read your jsa adviser is not listening to you.

You need to get a new Fit Note from your GP that states you are unfit for work noting the new condition.

The relevant information can be found here:

Repeat claims for Employment and Support Allowance (ESA)
Before 30 March 2015 if you failed the Work Capability Assessment (WCA) and you reclaimed ESA you could be entitled to ESA immediately (pending a new WCA assessment) if your new claim was more than six months after your first WCA failure, even if your condition had not changed. This was known as the ‘six-month rule’.

New rules were introduced on 30th March 2015 which now end the ‘six month rule’ for reclaiming  ESA.

If on or after 30 March 2015 you are reclaiming ESA after failing the Work Capability Assessment you will now not be able to claim for ESA again if you are found to be capable of doing some work after your Work Capability Assessment(WCA).

There are some exceptions when a new ESA claim will be allowed, the main situations are where;

your current condition has got a lot worse

you’re claiming for a new condition

There are other exceptions that may apply in certain circumstances.

If you have failed the WCA and you want to reclaim ESA it is essential that you seek advice from an experienced adviser before making a new claim to check if you fall into any of the exceptions groups which would enable you to reclaim. You can use our Find an Adviser tool to find details of local advice agencies in your area.

https://www.turn2us.org.uk/Benefit-guides/Employment-and-Support-Allowance/Repeat-Claims-of-Employment-and-Support-Allowance

my doctor as just given me a sick note until the 1 st of may, i shall show my adviser the note when i go to sign on today. so will that mean im still on jsa.

bcham wrote:my doctor as just given me a sick note until the 1 st of may, i shall show my adviser the note when i go to sign on today. so will that mean im still on jsa.

You can choose to claim ESA. However, the adviser may suggest you stay on JSA for up to 3 months.

https://search3.openobjects.com/mediamanager/reading/enterprise/files/130415_esp_claimant_leaflet.pdf

i have a letter for an hospital appointment to see a specialist. about polyp removal. on the 10th of April, this will be my 11th operation in 20 years. as they keep on coming back.but regarding the actual operation it could take months.as will  have to have a pre opp first. so was thinking when the fit note expires will i be able to get another one,as i cant see me having an operation before may 1st,when it runs out.or should i go back on esa. (if i can)

bcham wrote:i have a letter for an hospital appointment to see a specialist. about polyp removal. on the 10th of April, this will be my 11th operation in 20 years. as they keep on coming back.but regarding the actual operation it could take months.as will  have to have a pre opp first. so was thinking when the fit note expires will i be able to get another one,as i cant see me having an operation before may 1st,when it runs out.or should i go back on esa. (if i can)

If you have a Fit Note that states you're not fit for any work, reclaim ESA now if you want to.  Your condition is not going to improve, so you can keep claiming until you feel better which is going to be after your operation.

I am assuming you are not in a Universal Credit Full Service area?

https://ucpostcode.entitledto.co.uk/ucdate

Was you polyp problem noted on your previous Fit Note?

yes i was on esa for just over 6 months, due to the polyp problem along with my arthritis in my leg, but i got 0 points,but when i had my assessment i was on Prednisolone steroid tablets, so my nose did not seem that bad.
but my doctors says i can not have any more steroids as they have very bad side affects,and are only meant for a short course, regarding universal credit.i read somewhere we will be changing over to that in april just click on the link and it says june 2018

bcham wrote:yes i was one esa for just over 6 months, due to the polyp problem along with my arthritis in my leg, but i got 0 points,but when i had my assessment i was on Prednisolone steroid tablets, so my nose did not seem that bad.
but my doctors says i can not have any more steroids as they have very bad side affects,and are only meant for a short course,

Has you polyp problem got much worse?  If so, your GP needs to express this clearly on your Fit Note.  S/he can also mention the condition cannot be controlled with you usual medication and your pain and discomfort is severe/very severe.

im going to pick my fit note up in an hour when i go to sign on, i was going to ask my doctor to write a short note explaining my problem but we got cut off on the phone and he never rang back.

@bcham
Welcome to the forum. Since your GP did not call you back, I would suggest you book in for an appointment with him/her to explain what you need.

my jsa adviser just called and i dont have to go in today due to the bad weather,i explained about the sick note.she said i would be able to go on extended sick for 3 months max, but i would still have to sign on,every fortnight,she called it a relaxed signing.

bcham wrote:my jsa adviser just called and i dont have to go in today due to the bad weather,i explained about the sick note.she said i would be able to go on extended sick for 3 months max, but i would still have to sign on,every fortnight,she called it a relaxed signing.

Let's see what the doctor thinks.

From what you say, ESA seems to be the better option.

How long have you been claiming JSA?

Were you receiving the higher ESA rate?

For info:

1. Changes to ESA work-related activity group payments

Claimants who have a break in their claim and come back to ESA within 12 weeks and their original date of claim is before 3 April 2017

From 3 April 2017, new ESA claimants who are placed into the work-related activity group (WRAG) following a Work Capability Assessment (WCA) will not get the work-related activity component.

This change doesn't affect:

claimants who have a break in their claim and come back to ESA within 12 weeks and their original date of claim is before 3 April 2017

https://www.gov.uk/government/publications/employment-and-support-allowance-changes-from-3-april-2017/employment-and-support-allowance-esa-changes-from-3-april-2017

ive been claiming jsa for 2 years. esa around 6 months, now back on jsa for 4 weeks, i was receiving the standard rate of £73 esa. what i will most likely do is claim extended sick pay (3months) then if no news on operation,go back on esa.

bcham wrote:ive been claiming jsa for 2 years. esa around 6 months, now back on jsa for 4 weeks, i was receiving the standard rate of £73 esa. what i will most likely do is claim extended sick pay (3months) then if no news on  operation,go back on esa.

Did you appeal your ESA assessment outcome?

no i scored 0 points,my friend who is 62 had two stokes and now is blind in one eye,failed his assessment, and failed his appeal. my job center adviser told me she sees lots of failed esa clients, and she said you need to be at deaths door to get esa,

welcome to the site

your friend has the right to appeal

as also you do

bcham wrote:no i scored 0 points,my friend who is 62 had two stokes and now is blind in one eye,failed his assessment, and failed his appeal. my job center adviser told me she sees lots of failed esa clients, and she said you need to be at deaths door to get esa,

Many people score zero points and go onto appeal.

You and your friend still have time to appeal. To ensure the best chance of winning you need to contact Welfare Rights in your area or the Citizens Advice Bureau.  

Never give up!

my friend failed his appeal.

what i can tell you is i know someone else whos impared vision and ive aided them with there claim with another

esa claims have been rubber stamped over the years without due care and attention

your friend has the right to claim

this is for patially sighted people

http://www.rnib.org.uk/rnibconnect/campaigning-benefits-wrongly-refused

i can assure you now that he can get a higher award

http://www.rnib.org.uk/information-everyday-living-benefits-and-concessions/benefits-rates-and-payments

bcham wrote:my friend failed his appeal.

Was this his Tribunal appeal or did his mandatory reconsideration fail? If his MR failed, he can make an appeal to a Tribunal with assistance.

he failed his assessment and then he appealed,then when i saw him gain and asked about his appeal he said he failed the appeal , but hes now claiming pip.

For help ESA, PIP, etc claims/appeal go to BenefitsandWork.co.uk there is a £19 annual fee, but often a discount available for approx £5.