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Long wait for MR decision. ESA or JSA while Appeal

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7 years 2 months ago #179083 by zoebuggy
I had my ESA medical back in early September, out of which I recieved 6 points only because of my mobility. The decision totally ignored other aspects of my physical health and the many detailed paragraphs I wrote about my mental health problems relating to obsessive tendencies and anxiety. So at the end of October I sent in my MR by the cheaper version of recorded delivery. I checked a week later they said they had not recieved it. But I also (as usual with me -lost the proof of posting). So I sent a second copy in by full recorded delivery. And then I waited and waited and was a bit scared to contact them in case it looked like I was capable of sorting my own stuff out. After 10 weeks i went to see a Citizens Advice guy who has a morning clinic at my Doctors Surgery. First the DWP again said they had not recieved anything. I gave my advisor the proof of posting and suddenly my MR appeared at the DWP but they had not bothered yet to look at it.

Now I expect the DWP to reject my MR. Yes I do take 22 pills a day and for many reasons, both physical and mentally I should be on ESA, but I am not as disabled as many who have to go through this process, so they will reject me. So I am sure I will have to appeal.

In the meantime while I have been going through my battle with ESA & MR etc I was put on JSA but a disability supplement = £105 a week. For the last 13 weeks I have been covered by medical sick notes, so I cant have any more. I will have to give solid evidence now that I am looking for work, when the whole idea of me working is unimaginable for me both physically and mentally. Over the last few years I have tried doing voluntary work, I know my limitations. My JSA person has line up a 10 week, 3 day a week course for me, I have to say yes next week, or have a jolly good reason for No. If I dont show willing they will cut my JSA.

Question is once they send me my MR notice. Is it better for me to try to go back to ESA. Will I be worse off, because I will go back to basic ESA ?£70ish rather than £105. Will the be be less pressure on me to go back to an imaginary work.

Anyways tomorrow I have my DLA to PIP medical. Oh what fun.

zoe

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7 years 2 months ago #179105 by Gordon
zoebuggy

You may not have a choice if you are unable to fulfil your Job Search Commitment, as they can close your JSA claim.

Currently you are receiving JSA plus the Disability Premium, I assume you also receive DLA or PIP, the Premium is not payable with ESA, so you will receive more money on JSA at this time.

Gordon

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

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7 years 2 months ago #179109 by zoebuggy
Thanks for that confirming that Gordon.

I have my PIP medical tomorrow, first time since my previous DLA appeal award that has covered the last 3 years. I am apprehensive.

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7 years 2 months ago #179112 by zoebuggy
Silly Joke worry

At the moment my avatar is dancing at a virtual club online ... its being streamed on youtube. If the DWP see my avatar dancing eeek they might deny real life me my benefits!!!

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