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- Marie
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Gordon wrote: MArie
Legally the OP has been found Fit for Work, a new Fit Note will not change this. The only benefit available to them at this time is JSA, they cannot receive a Hardship Payment from the DWP as they do not have a benefit claim.
Claiming JSA after a Fit for Work Decision will have no impact on the claimants ability to request a Mandatory Reconsideration or an appeal, their doing so will not be taken into account.
I'm not suggesting that the situation is a right one, but it is what it is.
Gordon
I do not think so Gordon the fact that the OP has a new GP's 6 months sick note that prove he is not fit for work. I would think he should put in a claim for esa and not go for jsa from what he said his gp gave him 6 months sick note and the fact that jobcentre has closed his application and do not understand why he is being told to claim jsa. Why are you suggesting he claim jsa I don't understand that either?
His best bet to claim ESA again. What would you suggest the OP do at this stage the fact that his jsa claim has been refused and closed by the jobcentre, what do you think he should claim?
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- Gordon
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I am sorry that you disagree with the advice offered but that does not mean that it is not correct and appropriate to the OPs situation based on the information that they have provided.
The OP cannot make a new claim for ESA unless they can show that they have a new condition or their existing ones have deteriorated since the Decision, both need to be supported by fresh medical evidence AND the DWP have to believe that there is a reasonable prospect of an award. Even if a claim is accepted then the DWP can withhold payment until the OP attends a new WCA. There is nothing in the OPs posts to suggest that this is the case.
At this time the OPs only route to benefits is for them to claim JSA, we have advised the OP that once their JSA claim is accepted that they should be able to present a new Fit Note and be excused from any Claimant Commitment for up to 13 weeks.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- adam_ant
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2 weeks after my ESA F2F had my DLA to PIP F2F and ive had the letter on sat which says I will receive Enhanced daily living and Enhanced Mobility clearly im not fit for work as its much harder to get PIP. The letter also said that I wont start to get the PIP payments till 22nd February as there is a month for some reason between the two benefits. But before I was only getting the High Mobility DLA and no award for care. So don’t understand why I wont get the Daily living part of pip till 22nd feb but the letter said that it wont go into my bank until the march but the PIP has been given till 2021.
I put in a MR for my ESA claim 3 weeks ago and ive heard nothing back from them. Do I contact them and say about the PIP claim?
Thanks Marie for your comments and I understand its so annoying they are playing games with our lives. I was on IB then ESA Support Group for 3 years so yip you dont get well overnight.
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- Gordon
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Is your wife's ESA claim Income Related, in other words are you part of her ESA claim? If your are then this is why you cannot claim JSA, it would be nothing to do with you being too unfit to make a claim, just that you do not have any NI Contributions in the correct years to make a claim.
When a PIP award is made then any DLA award remains in payment for 4 weeks. PIP is paid 4 weekly in arrears which explains the gap, you should still receive one remaining DLA payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- adam_ant
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- Annie10
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