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JSA while waiting appeal

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7 years 9 months ago #162166 by slugsta
Replied by slugsta on topic JSA while waiting appeal

soontjen wrote: I had exactly the same thing . I didn't sign on and are still waiting for money six weeks later ?


I'm not entirely sure of what you are saying :blush: Do you mean that you have an appeal that has been accepted by the Tribunal Service, have requested basic ESA payment from DWP, submitted a 'fitnote' and still not been paid?

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7 years 9 months ago #162211 by soontjen
Replied by soontjen on topic JSA while waiting appeal
hello
found fit by esa medical so money stopped on 19 th may 2016 I was told by dwp to sign on at the job centre . I attended job centre and was told I cant sign if i'm unfit for work ? and if I sign on my wife also needs to sign on and if they don't think I would attend they tick a box and I wouldn't get any money anyway ?
We would be expected to do job search the next day and within a week be put on work placement in a charity shop if I didn't attend my money would be sanctioned ?
I didn't sign as they told me the rules are you need to actively seeking employment and that's the idea of signing on no special rules for illness if your ill you should be on the sick ???
So I sent for a MR it came back as expected scripted and untrue
I called the dwp was told I now need to appeal I did and was told I could claim esa after my appeal was received by dwp at a reduced rate

my appeal was received on 28 th june I have had no income at all since 19 th may 2016
now 30 th june I was told by dwp I need a note from dr I took the note it into job centre 28 th june .
Called today dwp today tthey haven't received it should have been sent hott ?
I wont get any money back dated until dwp receive it . Just got back from job centre I;m actualy waiting on the phone now to dwp again its been 25 minutes no answer ?
the Job centre they said they have sent the fit note to dwp ?
dwp have just answered the phone 33 minutes they have now received my sick note only just been sent by job centre ? I now need to allow another 8 working days for a payment ?

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7 years 9 months ago #162216 by slugsta
Replied by slugsta on topic JSA while waiting appeal
Soontjen,

I'm not going to comment on your issues in Debbie's topic as it gets very confusing when trying to discuss two claims. If you copy it over to your own topic, we will do our best to help.

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The following user(s) said Thank You: soontjen

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7 years 9 months ago #162248 by Debbie
Replied by Debbie on topic JSA while waiting appeal
Hi. Did you read my last post? in your view and based on what you know do you think my requesting to go back in support group will be classed as appeal as I'm worried they won't let me claim esa at assessment rate with rules changing regarding claiming esa while waiting appeal.

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7 years 9 months ago #162252 by Gordon
Replied by Gordon on topic JSA while waiting appeal

Debbie wrote: Hi. Did you read my last post? in your view and based on what you know do you think my requesting to go back in support group will be classed as appeal as I'm worried they won't let me claim esa at assessment rate with rules changing regarding claiming esa while waiting appeal.


An appeal can only be heard by the Tribunal Service, if you only talked to the DWP then there has been no appeal, but even if it was an appeal it would not prevent you receiving the Assessment Rate this time, the restriction only applies if you have had two Fit for Work Decision in a row and according to your posts this is not the case.

Gordon

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7 years 9 months ago #162260 by Debbie
Replied by Debbie on topic JSA while waiting appeal
Thank you Gordon that helps. I've read the info on it but you need training in CIA code breaking or a masters degree in law. I can now get my sick note and send it off. I just wish I'd have known this from the beginning. All the info and esa criteria is very complicated and needs explaining in more simple terms as people often have mental health probs and need real clarity and written in stages eg. 1. Get MR after failing medical... 2.... If Mr fails apply to tribunal 3... meanwhile apply to go on esa at assessment rate but will need sick note off doctor but if you've appealled previously at tribunal stage and been deemed fit for work twice etc etc you can't claim esa at assessment rate but will have to claim JSA but you can submit a sick note from GP which will stop or limit you actively seeking work while on jsa

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