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Failed ESA Assessment - Claiming JSA - Ridiculous!

  • Lynne B
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9 years 4 months ago #146731 by Lynne B
Hi, I have just heard my face-to-face ESA Assessment was unsuccessful, with only 6 points scored. I am considering applying for a MR but whilst doing this have started a JSA claim (without producing a sick note as advised on here).

I have explained to the Jobcentre I have health issues/limitations (spinal condition, osteoarthritis, extreme fatigue issue) and couldn't work full time but have had to agree to look for part-time work in order to qualify. This seems a complete farse - I could in reality possibly manage 2 hrs/day maximum (some days) but such jobs don't exist and so I ended up with a restricted agreement stating I could manage up to 30hrs/week. (I wish I could, but there is no chance).

It is a complete joke, being obliged to look for jobs when you know full well you can't physically do them any more. I have worked for 39 years and am no shirker but to get any benefit payment at the moment, I seem to have to go through this charade of looking for jobs I can't do.

Have other people had to go through this ??

Sorry for this rant - I know this is not a JSA advice line - but whilst I consider/prepare a MR request, can you advise if I did the right thing regarding JSA? as I could be in this situation for months. I haven't discussed an ESA MR with them (should I have told them?) - the JobCoach just seemed focussed on procedures to find work.

Many thanks and apologies again for the rant!!

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9 years 4 months ago #146739 by Gordon
Lynne

There is no legal requirement for you to claim JSA, however, there are no other benefits that you can claim at this time, so if you need the income then you will have no choice. You should certainly inform then that you have/will request an MR, at the moment you are a JSA claimant and will be treated as such, if they become aware that you are challenging the ESA Decision then you should be able to negotiate a much more suitable Job Search agreement.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 4 months ago #146743 by abcd69
I claimed JSA while awaiting MR. My JSA agreement was simple, search online for jobs, and apply for jobs I can do. Got told to apply for 2-3 jobs per day, all jobs I applied for were Admin related jobs. 400 jobs applied for and I got 0 interviews. Aslong as I was looking and applying the Job Centre were happy. Dont go into too much detail about your medical history, you dont want to be refused JSA. My MR was refused, so I appealed. I stayed on JSA while awaiting my appeal, instead of going onto ESA Assessment Rate, as on JSA I was also on a Disability Premium as I had DLA. If I went onto Assessment Rate I would not of got Disability Premium.

Make sure you contact Welfare Rights or CAB as it does make a huge difference having them in the tribunal with you. I got 0 points, but won Tribunal and got 15 points for Mobilizing putting me into Support Group.
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9 years 4 months ago #146753 by DI
Hi lynne
I was in the same situation as you back in September I claimed Jsa for a while with less job search etc due to health conditions.
I told them I was appealing and as soon as I had a letter confirming it I claimed Esa again I had to come off Jsa and phoned Esa to start claim again straight away.
Went to tribunal won my appeal for 12 months and placed in WRAG now on work programme.
I too have osteoarthritis in both knees and inflammatory osteoarthritis in both hands would love to have a full time job but like you find it impossible.
DI
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  • foss27
9 years 4 months ago #146757 by foss27
Hi Lynne

I think it is best to give them the basics of your situation with regard to an appeal against the decision to try to get as easy a time as possible. Sometimes they do see claimants such as you as easy targets for their sanctions quota.

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