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TOPIC: JSA no longer allowing 12wk fit note while waiting

JSA no longer allowing 12wk fit note while waiting 1 year 7 months ago #178544

Hi, I lost my ESA on 21st Dec with the common 0 points for no good reason. Am putting in MR. Have had JSA claim accepted but when I signed on today I said to my coach I will be getting the 12 week fit note from my doctor to make me exempt from job seeking activities. She informed me they did this up until recently but no longer accept this. She said they got rid of it as what was the point of stopping one benefit and then still giving another period of extended sickness. I was very surprised to hear this and haven't seen anyone in forum say the same recently so what's your thoughts on this please.

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JSA no longer allowing 12wk fit note while waiting 1 year 7 months ago #178560

We have heard of this happening, unfortunately. You can ask the adviser to show you the legislation that allows them to do this (clue: there is none) . . .

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.

JSA no longer allowing 12wk fit note while waiting 1 year 7 months ago #178568

There has ben some discussion about this on the Rihtsnet Discusssion Board. See here
www.rightsnet.org.uk/forums/viewthread/10490/P30/#49454

Any one in this situation should seek a mandatory reconsideration and if neccessary appeal to FTT. However If an MR as been submitted for the ESA decision and then appealed ESA, and possibly a successful appeal, should be back in payment before an FTT for the JSA takes Place.

DWP will of couse know this so can interpret the Regs in the way tey do without any comeback.

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JSA no longer allowing 12wk fit note while waiting 1 year 7 months ago #178571

Dollytrigger

Just to add to the advice already given.

There has been some debate on this mater on RightsNet, this is a forum for professional welfare advisors.

The DWP have issued new guidance to staff on temporarily excusing former ESA claimants from their Claimant Commitment when they present a new Fit Note. There are concerns as to where the guidance has originated from as it does not seem to have been issued to all offices and the view on RN is that is directly contradicts the law as currently written. See

www.rightsnet.org.uk/forums/viewthread/10490/

Gordon
The following user(s) said Thank You: Mrs Hurtyback

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

JSA no longer allowing 12wk fit note while waiting 1 year 7 months ago #178573

I did ask a lot of questions about it but they're giving nothing away. Feeling very pushed to find work but not allowing them to bully me. I have Spina Bifida along with other lower back problems. Reading the forum here is the way to stay strong. Yes there are horror stories but they're are many good outcomes to if you keep fighting. I was phoned on the 21st December telling me I scored 0 points and all benefit stopped from that day including housing benefit. I was in a horrendous state and became suicidal. Then I found this website. I gradually gained the knowledge required to put up a good fight for MR and by reading the forum I realised I was one of many going through this. Ive ended up on anti depressants as a result of ESA being stopped but I am determined to go to appeal if MR is rubber stamped. Your advice on this site is worth every penny of the membership. Will be sending in my MR this week coming before 21st January deadline and see what happens. When I saw my GP a few days after the decision phone call she told me she has had people who work for maximus and DWP who she has had to sign off sick as they say they just can't do the job or cope with the job in the way they are required to do it. This speaks volumes. It's a terrible that they can continue this way and there's nothing can be done about it.

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JSA no longer allowing 12wk fit note while waiting 1 year 7 months ago #178585

If you can possibly manage for money for a while, ESA can be restarted once the Tribunal Service have notified DWP that they have accepted your appeal (if things get that far). This payment can go back to the day after your claim was closed, as long as you submit fitnotes covering those dates.

Of course, I do understand that you cannot live on fresh air in the meanwhile! :(

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