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Denied ESA - few questions

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7 years 5 days ago #185346 by bicstar
Denied ESA - few questions was created by bicstar
Received the dreaded letter this week telling me Im now fit for work, after scoring 9 points when I needed 15. Have a few questions I'm hoping someone can clear up/confirm for me (me and my friend have read lots on various aspects of it).
Firstly I know I need to send a mandatory reconsideration out - am awaiting a template from the CAB. I dont currently have a Doctor as I've recently moved and havent handed in the registration form yet for my new doctors surgery, so cant provide any medical evidence. However I will be writing down reasons why I believe I should have been awarded more points (my letter states what was said at the medical....or rather it tells half the story so I will be following it with the whole story where necessary, ie apparently I can manage to do online shopping - but it missed out the part where I have help from a friend doing this, even then it takes me ages to complete an order and the shopping sits in the hallway for weeks after its delivered).
I know that during the MR I will have no money. It seems that I need to apply for JSA while awaiting a mandatory reconsideration. Is this correct? As it just seems so stupid and hypocritical. Im fighing the decision because I dont feel fit for work, yet have to apply for JSA and say I am. How can this possibly be right??? So thats my first question, confirming that this would be the right thing to do. Which then leads to my second question, I've been told by CAB to provide a sick note, do I do this at my first JSA meeting, as suggested by CAB, or wait until I'm on JSA and then provide the sick note afterwards, which is what I've read online to do?

Also, I was put on the Work Programme last year. I believe that during the MR period, it is not mandatory that I attend? Is that still the case if I do decide to claim JSA in the meantime?
What about after I receive the MR back, I assume if they decide yes I'm entitled to ESA, I then have to attend again but, if they keep the decision and I go on assessment rate of ESA, do I then have to continue attending the work programme?

I tried to apply for JSA online but it says I cant apply if I've been on ESA within the last month. I assume I can apply if I ring the universal credit "new style" JSA number?

I did have another question but, after being up all night I've forgotten what it is :unsure:

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7 years 5 days ago #185359 by Gordon
Replied by Gordon on topic Denied ESA - few questions
mt

Really sorry to hear this.

As you are looking for help from the CAB I will restrict our advice to questions you ask, but if you do need help with your MR then please come back to the forum.

You don't have to claim JSA but it is likely the only benefit you will be eligible for at this time, your claiming JSA will not impact on the result of your MR or an appeal if you need to continue on to this.

If you claim JSA then you can present a Fit Note for up to 13 weeks and be excused from any Claimant Commitment, if you do this then do not present the Note until your claim has been accepted and is in payment, if you present it earlier then you risk your JSA claim being rejected.

Your involvement with the Work Programme ceased as soon as your ESA claim was closed, but if you claim JSA then it will be reactivated, you need to be aware that your status will change as there were activities you were excluded from due to your ESA claim, this will not be the case with JSA, although they still have a responsibility to take your conditions into account.

If you go on to appeal and receive the Assessment rate then your involvement with the WP continues but under ESA conditions.

I think it likely that your WP advisor will not push while you are on JSA given that your status may change again, but they are paid by results, so who knows.

You can't apply for JSA online, you need to phone the JSA claim line. See

www.gov.uk/jobseekers-allowance/how-to-claim

Gordon

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

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6 years 11 months ago #186148 by bicstar
Replied by bicstar on topic Denied ESA - few questions
Thanks Gordon. A couple other questions have popped up since.
I have applied for JSA and my next appointment is next Friday, when I get a fit/sick note, do I need to inform the DWP before my appointment, or present it at my appointment?
If its before the appointment, do I still need to attend it and if I do still attend appointment, will I be made to show that I have done my claimant commitment up to the point the sick note was issued? - Havent long moved so was still sorting doctors out and have to ring this afternoon to get an appointment.

Similarly, Ive now received a new appointment with the Work Programme and it says I have to show that I've applied for 5 suitable jobs. If I have the fit note/a copy of it, do I still need to show I've applied for 5 jobs?

All very stressful and thinking of just telling them to stick their JSA and be without money as it's all too much for me :(.

Also, with regards to the MR, I've had it typed up as I kept thinking of things I wanted to add/change and handwriting it was taking too long. I initially claimed Income Support due to my mental health but, since then I've developed physical ailments as well which affect what I'm able to. With my MR, should I bother fighting the physical side of things, or just stick with the mental health side of things, as that is my biggest obstacle. As like I've seen posted a few times, I have the familiar I walked 10m without obvious problems so in accessor's opinion I could therefore walk 200m. Or as I can lift my arms up above my head, I can therefore use a wheelchair to move more than 200m.
And I can manage stairs, even though I'd only been living in a house for two days (previously a flat) and had to crawl up the stairs to get up them at the time of the medical.

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6 years 11 months ago #186182 by Gordon
Replied by Gordon on topic Denied ESA - few questions
mt

Has your JSA claim been accepted and in payment? If not then you should hold off doing so. You need to declare yourself as Fit for Work in order to make a claim for JSA, the Fit Note says that you are not, so if you present it too early then your JSA claim will be rejected.

Remember this is a full claim for JSA, no allowance is being made because you are waiting on a Decision for you MR, so you are required to fulfil your Commitment unless excused, your Fit Note should excuse you.

Providing you raised the physical issues in your ESA50 then you can include them in your MR, you lose noting by doing so, but make sure that you understand the Descriptors that relate to these issues.

Gordon

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

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6 years 11 months ago #186203 by bicstar
Replied by bicstar on topic Denied ESA - few questions
The claim has been accepted and will be backdated to when my ESA finished. But I havent received a first payment yet. Ive had my initial appointment where I completed the claimant commitment thing etc and then my next/first proper sign on is next Friday. I assumed incorrectly that I would automatically get paid on the Friday like I used to with ESA but I've been told they funds get released after my appointment and take 3 working days to go into my bank.
So I'm guessing I cant therefore hand my fit note in then, which is dated today.

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6 years 11 months ago #186223 by Gordon
Replied by Gordon on topic Denied ESA - few questions

mt wrote: The claim has been accepted and will be backdated to when my ESA finished. But I havent received a first payment yet. Ive had my initial appointment where I completed the claimant commitment thing etc and then my next/first proper sign on is next Friday. I assumed incorrectly that I would automatically get paid on the Friday like I used to with ESA but I've been told they funds get released after my appointment and take 3 working days to go into my bank.
So I'm guessing I cant therefore hand my fit note in then, which is dated today.


There have been problems with JC+ refusing to accept a Fit Note, you will minimise this by waiting for your JSA to go into payment, you have passed the first test of having claim accepted.

All I can suggest is that you play it by ear, If they dump a ton of activities on you then present the Note but if it is manageable then wait for the payments.

Gordon

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