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Mandatory Reconsideration Failed :(

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7 years 3 months ago #178773 by Amanda
Mandatory Reconsideration Failed :( was created by Amanda
Hi guys, I really don't know what else to do!!!I received the result from Mandatory Reconsideration and just as I thought they have refused. I had to sign onto JSA to claim any sort of money while I wait.My GP advised that working would/could make my condition worse and gave me a sick note also the job centre told me to fill in a JSA28 which I did. During Christmas week they lost it and my claim stopped but I still sent in my sick note.Now again I must sign on if to have any money. The job centre have advised that I can not have an active sick note and also sign on. They posted back my sick notes to the job centre (for all to see) and told me to take them home! I'm at the moment waiting for a claim form to be seen at a tribunal. So sorry this is long winded and I will appreciate any advice. I'm stuck between a rock and a hard place :(
Many many Thanks Amanda x

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7 years 3 months ago #178777 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Failed :(
Amanda

Sorry to hear the MR did not overturn the Decision, unfortunately this is not unusual.

There's no need to wait for a copy of the SSCS1, there is a link to a downloadable copy of the SSCS1 in the ESA Appeal guide and instructions on how to complete it, you do not need to provide detailed reasons at this time.

As to the JSA, I'm afraid you must declare yourself Fit for Work to be able to receive JSA. Once your claim is in payment you should be able to present a Fit Note.

Alternatively, once your appeal is accepted by the Tribunal Service (typically 7-10 days) and you have received notification of this, you can then ask the DWP to place you back on ESA at the Assessment rate until your hearing. You will need to provide Fit Notes for any period that you have not been paid JSA previously.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Amanda

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7 years 3 months ago #178851 by Amanda
Replied by Amanda on topic Mandatory Reconsideration Failed :(
Hi Gordon,
Many thanks for your quick reply, when I started a new claim for JSA I waited until my claim was active and I received my first payment before I handed in my Sick Notes, I then had to attend the job centre again where they handed back my sick notes and I was told they are useless as the doctor had gave the same condition (different wording) that I was found fit for work. She also advised me that I would need a new condition/reason on my sick note before they would do anything. Since I failed my ESA medical I have had 2 sick notes which don't run out until the end of February. I dread either calling the JSA or attending the JC as nobody can talk decent and it's really not a nice experience.
Your advice on this site is so valuable so many many thanks for your time and patience
Amanda

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7 years 3 months ago #178857 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Failed :(
Amanda

It may now be to late, if you can get the ESA Assessment rate, but what you were told at the JC+ about your Fit Notes was incorrect.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Amanda

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7 years 3 months ago #178861 by Amanda
Replied by Amanda on topic Mandatory Reconsideration Failed :(
:( Hi Gordon Thankyou once again, can you give me any advice on what I can do next
Thanks Amanda x

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7 years 3 months ago #178866 by Gordon
Replied by Gordon on topic Mandatory Reconsideration Failed :(

Amanda wrote: :( Hi Gordon Thankyou once again, can you give me any advice on what I can do next
Thanks Amanda x


If you are going to appeal then do this as soon as you can, as previously posted you can receive the ESA Assessment rate once your appeal has been accepted and the DWP have received notification of this.

If you are not going to appeal then the only benefit available to you is JSA and whilst you should be excused any job search requirement in the short term with the use of a Fit Note, you will have to comply in the longer term or you risk sanctions or even your JSA claim being closed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Amanda

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