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ESA to JSA

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7 years 5 months ago #172363 by Dazzanator
ESA to JSA was created by Dazzanator
Hi Everyone

I have just had a phone call about my ESA medical that I had 8 weeks ago. The decision is that they have taken me from ESA support group to Jsa . They have told me that I have 0 points even though my past two assessments have scored me 15 yet nothing has changed in my condition .

Iam suppose to go and sign on Wednesday to say I am fit for work yet I am not I don't even know how I'm going to get to the interview on my own as I am in a wheel chair and cant self propel even though the person who done my medical has told DWP that I can . Which is a bit odd as I have carpool tunnel syndrome in both hands and spondylitis in my neck and the wheelchair I have as no self propel function on it .

I am going to appeal and have asked for an mr but what do I do for money in the meantime do I commit fraud by saying I'm fit for work when I'm not or do I try and claim income support as my wife gets carers allowance for our son .
Any help would be appreciated

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7 years 5 months ago - 7 years 5 months ago #172384 by slugsta
Replied by slugsta on topic ESA to JSA
Hi Dazzanator,

I'm sorry that you have been denied ESA :(

As you say, your options for income now are JSA or IS.

The recent DWP decision that you are 'fir for work' over-rides your own opinion that you are not. For this reason, you are legally perfectly entitled to sign on for JSA. Once your claim has been accepted, you could submit a new fitnote for up to 13 weeks. This should see you excused from all job seeking activities during this time. Going down this route would see you credited with NI for the purpose of State Retirement Pension.

The other option would be for your wife to claim IS for both of you. There would be no job seeking requirements or medicals. Nor would you be credited with NI.

This is one of the situations where we strongly suggest you get some face2face advice to determine which option is best for your specific circumstances.

You can try doing an internet search for 'welfare advice' plus your area or postcode.

Meanwhile, the ESA guide has lots of information regarding the actual MR process.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by slugsta.
The following user(s) said Thank You: Dazzanator

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7 years 5 months ago #172406 by Dazzanator
Replied by Dazzanator on topic ESA to JSA
Thank you I am stunned just don't under stand how I scored 0 points with the disability's I have I cant walk far at all I cant stand for to long as my knees give way I cant grip my sticks because of the carpnal tunnel . That's with out the chronic migraines my spondylitis brings on .

If my wife claimed is would she lose the carers rate as well or would she keep the carers allowance as well as the is if she was awarded it .

thank you so much for your help so far

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7 years 5 months ago - 7 years 5 months ago #172412 by slugsta
Replied by slugsta on topic ESA to JSA
I believe the carers' premium would be added to the amount you are deemed to need to live on - so the IS would be increased but CA not paid.

I need to pick up an your previous comment about your wheelchair - the fact that it does not have a self-propel function is irrelevant as far as the mobility descriptor is concerned. If the assessor thinks you could self-propel, that is enough. They are allowed to decide this even for people who do not have a wheelchair and have never been advised to get one!

You must clearly show that your other problems mean that you are unable to self-propel, not that you prefer not to do it :(

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by slugsta.

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7 years 5 months ago #172561 by Dazzanator
Replied by Dazzanator on topic ESA to JSA
Hi just to update went to my JSA interview and they have refused me as they say I am not fit to work . Now what I still haven't had my letter back so I can do my M.R and I cant claim anything in the meantime .

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7 years 5 months ago #172592 by Gordon
Replied by Gordon on topic ESA to JSA

Dazzanator wrote: Hi just to update went to my JSA interview and they have refused me as they say I am not fit to work . Now what I still haven't had my letter back so I can do my M.R and I cant claim anything in the meantime .


Technically they cannot refuse you as you have been legally found to be Fit for Work, however, if you have placed too many restrictions on your ability to Job Search or suggested that you would be unable to meet the requirements of JSA, then they can legally reject your claim.

You can make a new claim for JSA making it clear that you can fulfil the requirements of the benefit and once accepted present a Fit Note to be excused from any requirements for up to 13 weeks.

Gordon

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

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