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job seekers and fit notes
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8 years 3 months ago #177893 by ccactus
job seekers and fit notes was created by ccactus
Further to my earlier question regarding JSA, I have my first app at the job centre Monday, my esa stopped on the 4/1/17 and I applied for JSA straight away to avoid any delays in any kind of payment. I am putting a Mandatory appeal in. I have just returned from my Doctors with a sick note that says my condition has worsened significantly. Can you advise as to what I do i.e. do I go to the Job centre Monday and present the sick note to them, or do I cancel and phone esa with a new claim. I am very confused as to what to do. Help appreciated.
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8 years 3 months ago #177906 by Gordon
In principle you can make a new claim for ESA, however, the DWP will take the view that any deterioration must have occurred since your were assessed and as this is only likely to have been weeks ago, that it is unlikely that the change was not considered as part of that assessment and as a consequence, that you have no prospect of an award, so your claim will be refused. You will need your GP to make it clear that the deterioration occurred after the date that you were assessed to have any hope of avoiding this and there must be a reasonable prospect that you meet the criteria for an award.
Also, you cannot claim ESA with an open JSA claim.
You can present the Fit Note to your JC+ advisor and be excused from any JSA Commitment for up to 13 weeks, but if the advisor believes that you are unable to meet that Commitment then they can terminate your claim, so you should not present the Note until your JSA has gone into payment.
Gordon
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Replied by Gordon on topic job seekers and fit notes
ccactus wrote: Further to my earlier question regarding JSA, I have my first app at the job centre Monday, my esa stopped on the 4/1/17 and I applied for JSA straight away to avoid any delays in any kind of payment. I am putting a Mandatory appeal in. I have just returned from my Doctors with a sick note that says my condition has worsened significantly. Can you advise as to what I do i.e. do I go to the Job centre Monday and present the sick note to them, or do I cancel and phone esa with a new claim. I am very confused as to what to do. Help appreciated.
In principle you can make a new claim for ESA, however, the DWP will take the view that any deterioration must have occurred since your were assessed and as this is only likely to have been weeks ago, that it is unlikely that the change was not considered as part of that assessment and as a consequence, that you have no prospect of an award, so your claim will be refused. You will need your GP to make it clear that the deterioration occurred after the date that you were assessed to have any hope of avoiding this and there must be a reasonable prospect that you meet the criteria for an award.
Also, you cannot claim ESA with an open JSA claim.
You can present the Fit Note to your JC+ advisor and be excused from any JSA Commitment for up to 13 weeks, but if the advisor believes that you are unable to meet that Commitment then they can terminate your claim, so you should not present the Note until your JSA has gone into payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 3 months ago #178051 by ccactus
Replied by ccactus on topic job seekers and fit notes
Thank you for your reply, as I have a degenerative problem along with other heath issues, I don't visit the Doctor to often regarding the degenerative problems as there is little he can do for me, but since the assessment my stress levels are through the roof, and is the reason I went to see him, he has stated on my sick note that the degenerative problem has worsened considerable but has also put that I am stressed and anxious; and has put me on antidepressants which are a new problem since my assessment - what I want to know does this count?. When the lady phoned to advised me of my assessment results she asked if my health had changed - I said no but also said that it was degenerative and was never going to get better, I was very annoyed at the time so obvious not thinking straight. I will let you know after my meeting on Monday the outcome. Really not looking forward to it, they have us over a barrel!!
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8 years 3 months ago #178078 by ccactus
Replied by ccactus on topic job seekers and fit notes
Thanks Gordon, I will let you know what happens, really not looking forwarded to the experience; I did forget to say that the Doctor has also put a new illness on the Sick Not;as you have stated highly unlikely they will accept it, but have sent it in anyway, and going to produce
a copy at JSA to see if I can be excused commitments for the x weeks. Many thanks.
a copy at JSA to see if I can be excused commitments for the x weeks. Many thanks.
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8 years 3 months ago #178182 by ccactus
Replied by ccactus on topic job seekers and fit notes
Having been to the job centre, I explained my situation to the advisor, and they suggested to continue with ESA and reapply for JSA if that fails, that I can put the claim back to todays date. Re-applied for a new claim for ESA, not hopefully but in the mean time saves me having to go to the job centre everyday for the next three weeks; which is a considerable distance from where I live. Will keep you up-dated at the outcome.
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8 years 3 months ago #178198 by Gordon
Whilst it is possible to backdate JSA, it is almost never done and ESA and JSA are mutually exclusive benefits so I would not bank on what you advisor said being actually happening.
Gordon
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Replied by Gordon on topic job seekers and fit notes
ccactus wrote: Having been to the job centre, I explained my situation to the advisor, and they suggested to continue with ESA and reapply for JSA if that fails, that I can put the claim back to todays date. Re-applied for a new claim for ESA, not hopefully but in the mean time saves me having to go to the job centre everyday for the next three weeks; which is a considerable distance from where I live. Will keep you up-dated at the outcome.
Whilst it is possible to backdate JSA, it is almost never done and ESA and JSA are mutually exclusive benefits so I would not bank on what you advisor said being actually happening.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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