ESA claim won't convert to JSA?

[Anodyne]

A few days ago I found out I was not entitled to ESA.

I scored 0 points on the ATOS medical assesment, despite the fact that my GP and psychiatrist advises I am unfit for work.

Now it's been such a long drawn out process with ATOS making appointment mistakes and generally dragging their heels. The claim dates back to 22/9/10. The medical was on 07/01/11 and they've only just come to a decision.

I'm aware that I can appeal against ATOS but everything I've heard and read makes this sound completley futile. Even if the appeal granted me 14 extra points I still wouldn't qualify!

So I was advised to bite the bullet, convert the claim into JSA and show that I'm actively seeking work.

Obviously I'm not happy about the way ATOS has been used to invalidate every other medical opinion available. But it's been a really difficult few months, I've had some help from family and friends but not a penny in benefits since last August. My housing claim has also been held up by ATOS and the ESA decision.

Basically I need some money or I'm likely to starve and find myself out on the streets.

But there's a serious catch 22 with the back dating and retrospective claim...if I say I was unfit for work during that period I won't be entitled to JSA.

But I was! I wouldn't have been making the ESA claim otherwise.

Today I had my JSA interview, got the new claiml setup and was given a JSA5 form so I can apply for the backdated payments. So I'm posting hear to ask for advice on how to fill out that form.

Should I just say 'OK, me and my GP got it all wrong, I was fit for work the whole time. You're right Mr Cameron'.

Would that wash? Would they not expect some kind of evidence that I was seeking work?

I can't help but feel I'm about to get royally screwed over.

[SpringerSpaniel]

Re: ESA claim won't convert to JSA?

I would encourage you to appeal the refusal of ESA if you have good medical evidence that you were not well during that time. The site 'Benefits and Work' has useful advice about going about this.

There is a very high rate of success with ESA appeals. You can apply for appeal rate Income Support while waiting for the appeal to be heard and for a crisis loan from the Social Fund.

If ATOS staff were out of order and you suffered as a result, you can complain to their professional bodies eg GMC, UKCC. Not all of them are doctors. If you have evidence from a consultant psychiatrist, ATOS staff are unlikely to be as well qualified, so you can ask the Tribunal to prefer his/her evidence as they are better qualified.

You ought to be able to get Housing benefit even if the DWP cannot decide what benefits you are entitiled to form them. The local authority can take the view that you have no income, so you cannot pay the rent. Your councillors and/or MP can put pressure on them about this.

Do you have an advice centre whcih could help you tackle this eg CAB, DIAL, Mind ?