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2nd FIT NOTE and JSA
- elainep
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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.
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.
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- Gordon
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7 years 2 months ago #177528 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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
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
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- elainep
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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?
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?
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- Gordon
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7 years 2 months ago #177556 by Gordon
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
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
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- elainep
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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.
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.
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- slugsta
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7 years 2 months ago - 7 years 2 months ago #177592 by slugsta
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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.
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.
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