× Members

2nd FIT NOTE and JSA

More
7 years 2 months ago #177510 by elainep
2nd FIT NOTE and JSA was created by elainep
Hi

My son was found fit for work in September 2016 after being on ESA for 2 years. He is still waiting for a decision on a Mandatory Reconsideration for ESA which he sent to the DWP in October 2016. He signed on for JSA and then was given a FIT NOTE by his doctor for 3 months. This FIT NOTE expires on the 24th January. He has made an appointment to see his doctor before the FIT NOTE runs out to ask for another one.

Can someone advise what the DWP procedure is if my son receives another FIT NOTE and given that he might still be awaiting a decision on his Mandatory Reconsideration. I have read that a claimant is only allowed 13 weeks sick in any one rolling year of a claim on a JSA claim.
Thank you.

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #177528 by Gordon
Replied by Gordon on topic 2nd FIT NOTE and JSA
Elie

What you have read is correct, there can only be one period of 13 weeks illness in any year. Going forward your son has three options.

He can present a new Fit Note, but I would expect the DWP to close his JSA claim as he is effectively stating that he is unable to fulfil his Claimant Commitment.

He can close his JSA claim himself, but there are no other benefits that he can at this time.

He can fulfil his Commitment or try to negotiate a new one that he is able to manage.

Once the MR is completed, if he needs to pursue the matter further then he can ask to be switched back to ESA once an appeal is lodged.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #177541 by elainep
Replied by elainep on topic 2nd FIT NOTE and JSA
Hi Gordon
Thanks for your reply.
If my son receives a new fit note and the DWP closes his JSA claim will he be able to make a new claim for ESA? If so will this affect his MR?

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #177556 by Gordon
Replied by Gordon on topic 2nd FIT NOTE and JSA

elie wrote: Hi Gordon
Thanks for your reply.
If my son receives a new fit note and the DWP closes his JSA claim will he be able to make a new claim for ESA? If so will this affect his MR?


He can only make a new claim for ESA if he can show a deterioration in his condition or that he now suffers a new condition since the date of Fit for Work Decision and such that he would now reasonably qualify for an award.

A new claim would supersede the result of any Decision resulting from the MR or an appeal.

So if the MR overturns the Decision and the new claim results in another Fit for Work then it is the latter Decision that will be carried forward.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #177588 by elainep
Replied by elainep on topic 2nd FIT NOTE and JSA
Hi
In your opinion is the best way forward to ask the doctor for a fit note then try and negotiate a way forward with the job centre until he receives an MR decision?
I am not sure how he will cope with this as his anxiety is starting to get worse just waiting for a decision.
I did read that the DWP has to take into account claimants mental and physical barriers when it comes to job seeking but I didn't see any of this when my son was told what his requirements were when it came to looking for work before his doctor gave him his fit note.

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago - 7 years 2 months ago #177592 by slugsta
Replied by slugsta on topic 2nd FIT NOTE and JSA
Hi elie,

I think your son will need to assess the potential effects on his health of continuing to claim JSA versus having no benefit incoming.

The JobCentre+ advisers are certainly supposed to consider the claimant's health problems when drawing up the jobseeking agreement. Some are more sympathetic than others within the leeway available to them. There will still be an expectation of a certain amount of jobseeking activities in order to qualify for the benefit, no matter how sympathetic the adviser.

It might also be worth chasing up DWP with regard to the MR.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 months ago by slugsta.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.