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ESA is it an in work benefit?
- Caroline
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8 years 5 months ago #146870 by Caroline
ESA is it an in work benefit? was created by Caroline
I was esa assement rate. Failed my wca with 0 points. Put in a mandatory reconsideration and during this time claimed jsa but presented a fit note and was put on an extended sickness period n jsa. I Failed mandatory reconsideration and have now sent off appeal and awaiting appeal date. I have now asked to be put back on esa assesement rate and given in another fit note. I have been sent another esa50, is this normal that I have to fill in one of these forms again while waiting for appeal?
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8 years 5 months ago #146872 by Gordon
No it's not, you don't have an award of ESA so they should not issue an ESA50. Contact the DWP and explain the situation, you may need to escalate it to a Manager as the front line staff don't always know how to deal with out of the normal calls. If they agree that the ESA50 does not need to be filled in then ask for this to be confirmed in writing, it will stop any troubles later on when Maximus chase you for it's return.
Gordon
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Replied by Gordon on topic ESA is it an in work benefit?
Caroline wrote: I was esa assement rate. Failed my wca with 0 points. Put in a mandatory reconsideration and during this time claimed jsa but presented a fit note and was put on an extended sickness period n jsa. I Failed mandatory reconsideration and have now sent off appeal and awaiting appeal date. I have now asked to be put back on esa assesement rate and given in another fit note. I have been sent another esa50, is this normal that I have to fill in one of these forms again while waiting for appeal?
No it's not, you don't have an award of ESA so they should not issue an ESA50. Contact the DWP and explain the situation, you may need to escalate it to a Manager as the front line staff don't always know how to deal with out of the normal calls. If they agree that the ESA50 does not need to be filled in then ask for this to be confirmed in writing, it will stop any troubles later on when Maximus chase you for it's return.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 5 months ago #146875 by Caroline
Replied by Caroline on topic ESA is it an in work benefit?
I forgot to say that I have been put back on ESA at assement rate while awaiting appeal
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- Gordon
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8 years 5 months ago #146877 by Gordon
This should not make any difference in regard the ESA50.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA is it an in work benefit?
Caroline wrote: I forgot to say that I have been put back on ESA at assement rate while awaiting appeal
This should not make any difference in regard the ESA50.
Gordon
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8 years 4 months ago #151082 by Caroline
Replied by Caroline on topic ESA is it an in work benefit?
Hi, i lost esa at appeal. The judge recognised that I suffer from pbc (auto-immune liver disease) and have osteoporosis of spine and that i suffer an adnormal level of fatigue and bone pain but I am able to function over time and fell below being able to score points. I have now signed on for jsa. I would like to know if the job centre have to respect what the judge says when setting out my claimant agreement. I have obvious been found fit for work. I don't agree. But I will have to try and work or I will starve. I have managed these symptoms and that is how I function, in a work situation I won't be able to rest when I have fatigue and bone pain.
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8 years 4 months ago #151083 by Gordon
Sorry to hear about the appeal.
Did the judge make their comments in writing?
If they did then you can ask your JC+ Advisor to take them into account when setting your Job Search agreement, but they would not be binding on the advisor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA is it an in work benefit?
Caroline wrote: Hi, i lost esa at appeal. The judge recognised that I suffer from pbc (auto-immune liver disease) and have osteoporosis of spine and that i suffer an adnormal level of fatigue and bone pain but I am able to function over time and fell below being able to score points. I have now signed on for jsa. I would like to know if the job centre have to respect what the judge says when setting out my claimant agreement. I have obvious been found fit for work. I don't agree. But I will have to try and work or I will starve. I have managed these symptoms and that is how I function, in a work situation I won't be able to rest when I have fatigue and bone pain.
Sorry to hear about the appeal.
Did the judge make their comments in writing?
If they did then you can ask your JC+ Advisor to take them into account when setting your Job Search agreement, but they would not be binding on the advisor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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