New to ESA

[lostfaith]

Re: New to ESA

Thanks. I have asked representatives if I should do and I even asked if I should do ET1 they failed to answer question as a result lost employment case but would have been good valid claim if employment case on time, so I was advised by CAB to do personal injury route for this. It took them 17 months to tell representative that I have been complaining - they are arguing no obligation to discuss further when accident claim a totally seperate issue from employment matters, and the bullying is being factored in to personal injury case too

In regards to my payment, first went in on 23 July for 4-16 July - does that mean now no more till August or should as it is every two weeks I should get second on 30th July?

[bluebottle]

Re: New to ESA

To answer your questions -

ESA - This is paid every 2 weeks. You have been paid arrears for the period 4-16 July 2012. So your next payment will be going into your bank account on 30 July 2012 for the period 16-30 July 2012.

Bullying - If you are claiming for the bullying under Section 3, Protection from Harassment Act 1997, you normally have 6 years to bring a claim against your harasser. However, Section 6 of the Act contains a provision that exempts personal injury claims, arising from harassment, from the 3-year limit under Section 11, Limitation Act 1980 when pursuing proceedings under Section 3 of the PfHA 1997. Speak to the legal professional dealing with your case and see if this applies. It will certainly give you both some breathing space if it does apply. I'm attaching a copy of the PfHA 1997 which you can print off and discuss with your legal advisor.

[lostfaith]

Re: New to ESA

Thanks, I did thinkcivil claim could be done seperately, it is a shame they did not tell me they did not know, or not reply to any of my questions, but thanks for saying it can, just former employer bullying trying to intimidate as lost employment case when would have been good valid claim, using employment case as excuse when personal injury totally different matter.

ESA payments okay now, turns out sick note was not passed round, but sorted, will donate small amount to wonderful forum of this. Could they use my reports from injury benefit to save me going for ATOS for ESA as they said both industrial accidents, or would the ESA just focus on my illness?

[bluebottle]

Re: New to ESA

That is hard to say. The industrial accidents have already been registered with the DWP as you were in receipt of Industrial Injury Benefit (IIB). If ATOS call you in, they would have to take into account any restrictions the injuries place upon you as well as any restrictions your depression places upon you.

[lostfaith]

Re: New to ESA

When the settlement comes do I have to pay the DWP back the ESA and JSA

[bluebottle]

Re: New to ESA

That is a question you need to direct to the legal professional dealing with your case. In fact, you should inform the legal professional dealing with your case that you have been granted benefits, the benefits involved and at what rate.

[lostfaith]

Re: New to ESA

Yes I have made her aware I am on ESA and Industrial Injurys Benefit for both accidents. I have just had call inviting me to Atos assessment.

[bluebottle]

Re: New to ESA

In view of your history of depression, I would strongly advise you to take someone with you to the ATOS assessment and have them sit in on the assessment, taking notes if necessary. Although ATOS will make a sound recording of the assessment, unless you state otherwise, they cannot prevent another person sitting in on the assessment or stop them taking notes. They should ask you if you want a copy of their report to the DWP. I would strongly advise you to exercise your right under Section 1, Access to Medical Reports Act 1988 to receive a copy of ATOS's report to DWP.