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8 years 2 months ago #149371 by Gordon
I'm sorry to hear that your claim was unsuccessful. You might want to request a Statement of Reasons to see if there is any opportunity to take it further, if nothing else it will help you to understand why you were turned down.
Tribunals – Requesting a Statement of Reasons
You can make a new claim for ESA, but you may not be paid for it until you attend a new WCA unless you can show that you have a new condition or a deterioration in your existing ones, likely to lead to an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
davo wrote: had my tribunal today ,very disappointed at the out come ,was found to be ill but not ill enough ??,looking back it was all down to the descriptors and the judge going with what was said at the assessment ,when trying to tell him that what was on some of the answers was not quite how i had said ,the look from him said it all ,but there you go ,would like to say that the information on here is a very valuable resources so many thanks
I'm sorry to hear that your claim was unsuccessful. You might want to request a Statement of Reasons to see if there is any opportunity to take it further, if nothing else it will help you to understand why you were turned down.
Tribunals – Requesting a Statement of Reasons
You can make a new claim for ESA, but you may not be paid for it until you attend a new WCA unless you can show that you have a new condition or a deterioration in your existing ones, likely to lead to an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- davo
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8 years 2 months ago - 8 years 2 months ago #149536 by davo
Replied by davo on topic ESA
thank you Gordon i will take your advice and request that statement. if i now claim JSA and put in a sick note ,can i ask them for a reduction in the looking for work criteria ?.
Last edit: 8 years 2 months ago by bro58.
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- bro58
8 years 2 months ago - 8 years 2 months ago #149545 by bro58
Hi d,
You cannot put a claim in for JSA, which means that you signing a statement agreeing that you are fit enough to actively seek employment, whilst also presenting a fit note stating that you are unfit for work at the same time.
These two things are contradictory and they will not accept your JSA claim.
You can either make a claim for JSA, in which case you will have to agree to comply with any conditionality that they put in place with regards to you actively seeking employment, under threat of sanction for failure to comply.
[Once you have a live JSA Claim up and running, you can present a fit note which allows for an extended period of sickness for up to a period of 13 weeks, as reiterated in : Decision Makers Guide Memo 9/15.
See a previous post of mine : Here also.]
Or, your only other alternative is to make a fresh claim for ESA, in which case you will have to provide a fit note.
Before ESA can be paid once more, The ESA DM has to be persuaded that your conditions and resulting limitations have "significantly worsened" since the date of your last fit for work decision due to a change or deterioration in your current conditions or because you now suffer from different medical conditions, to such an extent that you now qualify for ESA payments.
See this : CPAG Article on this issue.
bro58
Replied by bro58 on topic ESA
davo wrote: thank you Gordon i will take your advice and request that statement. if i now claim JSA and put in a sick note ,can i ask them for a reduction in the looking for work criteria ?.
Hi d,
You cannot put a claim in for JSA, which means that you signing a statement agreeing that you are fit enough to actively seek employment, whilst also presenting a fit note stating that you are unfit for work at the same time.
These two things are contradictory and they will not accept your JSA claim.
You can either make a claim for JSA, in which case you will have to agree to comply with any conditionality that they put in place with regards to you actively seeking employment, under threat of sanction for failure to comply.
[Once you have a live JSA Claim up and running, you can present a fit note which allows for an extended period of sickness for up to a period of 13 weeks, as reiterated in : Decision Makers Guide Memo 9/15.
See a previous post of mine : Here also.]
Or, your only other alternative is to make a fresh claim for ESA, in which case you will have to provide a fit note.
Before ESA can be paid once more, The ESA DM has to be persuaded that your conditions and resulting limitations have "significantly worsened" since the date of your last fit for work decision due to a change or deterioration in your current conditions or because you now suffer from different medical conditions, to such an extent that you now qualify for ESA payments.
See this : CPAG Article on this issue.
bro58
Last edit: 8 years 2 months ago by bro58.
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