Any one suggest a way forward?

soulboy wrote: Hi.
I recently failed both my DLA and ESA appeals my Esa has stopped in March after the 365 days I have long standing back problems after a fall of a ladder ...so I went to the job center they couldn't think of anything I could do work wise then sent me to the careers adviser who said pretty much I am unemployable !! Today I receive two letters from the DWP one says to send in a new fit note... have been to see my Dr who says I'm not fit to work and given me another note the other letter confirming the decision makers opinion that i do not have limited capacity for work but I do.

Any suggestions

Have you checked to see whether you are eligible for Income Related ESA, as previously advised?

I am bit confused over your ESA status, your previous post state that you are in the WRAG, but you say in this post that your are required to provide Fit Notes and do not have Limited Capability for Work?

If you are unable to work because of your disabilities and are no longer eligible for payment, then I afraid you fall into a group of some 400,000 claimants in a similar position.

You can make a new claim for DLA, providing you make the request before the end of May, or you can make a claim for PIP if your request is in June.

You may be eligible for Housing Benefit and other locally administered benefits, although they use the same criteria as ESA(IR), so if you do not qualify for this then you may not be eligible for HB either.

Gordon

soulboy wrote: I have small rental income but think I will try to claim the IR ESA
I'm confused to Gordon sorry the Appeal judge said I'm no longer entitled to ESA is IR ESA different ?
I have a letter today asking to send in anew note and the other letter confirming the appeal decision which was to get from WRAG to support group but failed and took me off all together.

You need to check the Tribunal Decision Notice, there are three possible results.

- you were placed in the Support Group, from your posts this is not the case.
- the original Decision was upheld and you remained in the WRAG.
- the Tribunal did not believe you met the criteria for the WRAG and your original WRAG award was removed.

I am assuming that there has been no further assessment for ESA since the Tribunal.

If you are still in the WRAG then you should either be receiving NI Credits or be eligible for ESA(IR). You should not be required to provide Fit Notes and should be classed as having Limited Capability for Work.

If your original award was denied then you in principle you can make a new claim for ESA, however, unless you NI Contributions in the required years, which you will not if you were previously on IB, then you will only be entitled to ESA(IR), subject to you meeting the means test.

Gordon

soulboy wrote: Gordon
Letter dated 10th May A change to your ESA rate payable we have looked at your claim again followings a change your appeal has ben heard the DM opinion is that you do not have limited capacity for work! Your ESA ceased from March
Letter received in April your EDA has ended but we will continue to your pay NI contributions

Sounds to me IR ESA is the one I may be able to claim ?
Maybe I should try to phone them

Slightly clearer but I am still confused.

Who is the letter dated 10 May from? You post implies that it is the DWP.

Did you have a Tribunal hearing for your ESA?

Gordon