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ESA appeals and poor GP reports
My client has been on Incapacity Benefit for a number of years, and earlier this year was put onto JSA - she had claimed for ESA but was refused. Apart from back and neck problems, she severed a tendon and nerves in her right hand more than 4 years ago and it is virtually useless. She has attended one or two interviews but the employer was at a loss as to what she can actually do. Her GP advised it was not worth appealing as they “never succeed”! She is now appealing, but was been advised to sign off from JSA (done so with sick certificate) and re-apply. Drs letter apparently stated “has a bit of problem with hand” and nothing else.
Meanwhile, all benefits have been stopped (apart from DLA low rate care) including Housing Benefit and she has no money. Was this the right tactic? No CAB locally - they’ve shut down. Any suggestions please?
change GP?
on the benefits front hb shouldn’t be a big issue as they can process on nil income, she may have to jump through paperwork hoops but they can do it.
its difficult to know re esa or jsa without the dates she was cut off before etc and also a more in depth knowledge of the client but it sounds like esa would be the better option.
remember though that some clients will fall into a gap where they don’t meet the 15 point threshold or reg 29 but realistically aren’t fit for work in the “common sense” use of the term fit for work.
also if its an income based claim the client may be better off on jsa due to the disability premium.
Thanks very much for that - have suggested changing GP!!
After a further bit of investigation I found a Welfare Rights Advice centre and was able to get her an immediate appointment. Will talk to her again this afternoon; will be interested to see what they say about her housing benefit.
thanks
change GP?
also if its an income based claim the client may be better off on jsa due to the disability premium.
and might be better getting in now before they get clobbered with the Claimant Committment