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7 years 3 months ago #178704 by Gordon
Replied by Gordon on topic What to do next
Marie

I think you are missing the point!

At this time the only benefit available to the OP is JSA and the only way that they will receive this is by saying that they are Fit for Work.

Gordon

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7 years 3 months ago #178748 by slugsta
Replied by slugsta on topic What to do next
Furthermore, claiming JSA will not jeopardise the ESA claim.

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7 years 3 months ago #178938 by Marie
Replied by Marie on topic What to do next

Gordon wrote: Marie

I think you are missing the point!

At this time the only benefit available to the OP is JSA and the only way that they will receive this is by saying that they are Fit for Work.

Gordon


I'm replying with regards to the OP was receiving ESA Support Group and that his payment has stopped due to his examination assessment. To receive esa support group a claimant must have Limited capability for work assessment which mean he is very sick and cannot be ask to search for jobs.

How can the OP claim job seekers allowance if his doctor has given him 6 months sick note? The fact that jobcentre themselves has closed his job seekers claim. The OP should be advised to claim Hardship payments to pay for his rent, food, fuel bills etc until he can sort out his assessment and request for a Mandatory Reconsideration or go to his MP to seek help.

The claimant should not be claiming jsa if they have been in the esa support group unless the OP has recovered and are now in full health 100%. If the OP claim jsa which he has been refused how then would he prove to the dwp that he is unfit for work if he become ill whilst searching for jobs? And what will he tell his GP who has given him 6 months sick note.

Another thing If he claim jsa the fit note he's got from his GP will be void and if he ended up sick whilst searching for work, he will then be told to get a GP sick note his GP, the GP may refuse him another sick note?

That was my thought about the OP.

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7 years 3 months ago #178941 by Gordon
Replied by Gordon on topic What to do next
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

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7 years 3 months ago #178945 by Marie
Replied by Marie on topic What to do next

Mrs Hurtyback wrote: Furthermore, claiming JSA will not jeopardise the ESA claim.



By that I guess Mrs. Hurtyback, you mean the OP to claim ESA as a new claim completely which will jeopardise the circumstances of the OP the fact that he was in the esa support group, claiming jsa will put him under a different circumstances and he will find it extremely hard to get back in the esa support group again, because he would have to void his gp's 6 months sick note and be as if he is 100% fit for work which he obviously clearly not.

A claimant cannot be claiming esa support group and be 100% fit overnight and claim job seekers what are his limitations of what job is he capable of doing with regards to his disability? I would assume experts such as the dwp who would know a claimant in the support group who would have had limited capability for work assessment should not be told to go and claim jsa instead the OP should have been told to claim Hardship Payments to enable him to pay for his rent, fuels, food etc until he sort himself out.

Would that mean also the sick note from his GP is unlawful to say his patient is unfit for work when the OP being told to claim jsa and ignore the GP's sick note that doesn't sound correct to me, sorry voicing my opinion.

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7 years 3 months ago #178951 by Gordon
Replied by Gordon on topic What to do next
Marie

I'm afraid that this is not how the system works.

Gordon

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