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Worse off on ESA Appeal Rate than JSA

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6 years 10 months ago #191407 by Amy
This might not strictly be the place to ask but I'm really hoping someone can help me because I don't know who or where else to ask and I don't know what to do.
I've lodged an ESA appeal with the Tribunal Service which has been accepted & after 2 weeks of being messed around trying to transfer from JSA back to the appeal rate of ESA I was told I would be worse off because I would lose the disability premium I am currently getting with JSA but whilst I can't afford to lose any more money I'm worried sick about the sanctions with JSA.

Nothing has been explained properly & each time I go to the Jobcentre I get told something different & contradictory. I know I have to fulfill my jobseekers commitment to claim JSA but I don't understand how I am supposed to prove I am actively looking for work whilst stating in my appeal I'm not fit for work?
On top of that I literally don't know how I am supposed to prove I am looking for work? Do I write in the book "bought local newspaper, nothing suitable"? Presumably they aren't going to accept that?
I've been told by one I can use the book they gave me (even though I don't know what to write) whilst another keeps insisting I have to have a Universal Jobmatch account.
Although they've reduced the commitment hours to 16 they won't reduce the travel time but I can't travel by public transport or be a passenger in a car due to severe travel sickness & although I drive & DVLA are aware of my condition I can't drive for 90 minutes & I only drive once or twice a week when I feel fit to do so but the Jobcentre have said my medical condition(s) can't be taken into consideration because I've failed the WCA & been found fit for work, so are they saying I am expected to apply for jobs knowing full well I wouldn't be able to get there just to prove I have?
And isn't one of their big things that people are now fit for work because employers have to make reasonable adjustments but by refusing to at least reduce the travel time the Jobcentre are refusing to make a reasonable adjustment?

I am so confused and stressed out it's aggravating my condition, the people at the Jobcentre were all very nice at my first appointment when I had the Disability Advisor sitting in but their attitude has been distinctly less friendly and helpful ever since.
I don't know if I can take months of worrying and whilst I can't afford to lose another £130 a month I'm wondering if I'd be better off on the appeal rate of ESA?

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6 years 10 months ago #191449 by Gordon
Replied by Gordon on topic Worse off on ESA Appeal Rate than JSA
Amy

I'm afraid there is little advice that I can offer, as you already understand only certain allowances can be made for your conditions in regard what you are asked to do for your JSA, it may be possible to stretch these a little further, discuss your issues with your advisor and if necessary their supervisor.

However, the bottom line is that if you do not conform with your Job Search agreement then your claim can be closed by the DWP.

It really Is a case of looking for suitable jobs and applying for them. You can discriminate based on your commitment but outside of this it is not down to you to decide whether you do the job in reality.

Gordon

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

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6 years 10 months ago #191519 by Amy
Replied by Amy on topic Worse off on ESA Appeal Rate than JSA
Thanks Gordon. I can't believe how messed up this whole thing is, I'm worse off if I go back to ESA at the Appeal rate because I lose the disability premium feels like I'm being penalised for appealing.
Am I in for any other surprises if I do go back to ESA whilst waiting? DWP/Jobcentre aren't exactly forthcoming with information but when I said I was worried about staying on JSA because of the requirements & sanctions the guy in the Jobcentre said "well there are less on ESA whilst you wait for your appeal" but then glossed over it making me think there's something they aren't telling me. I don't want to make myself financially worse off only to find out I'm still just as likely to get sanctioned or something.
I've been to the Doctors today and have been given antibiotics, for the first time in my life at nearly 40 I've got acne due to all the stress. Thanks DWP my face is a mess.

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6 years 10 months ago #191528 by Gordon
Replied by Gordon on topic Worse off on ESA Appeal Rate than JSA
Amy

There at no hidden traps if you switch to ESA, you won't be asked to do any Work Related Activity so there will be no reason to sanction you.

The lost of money is only in the short term, if an award is made at the appeal then you will receive back payment of the ESA minus any monies that you actually received.

Gordon

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

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6 years 10 months ago #191542 by Amy
Replied by Amy on topic Worse off on ESA Appeal Rate than JSA
I guess, it's just working out what else I can cut out or put off paying to survive on less for who knows how much longer.
I received a text from DWP yesterday saying they have sent my case to be heard by the Tribunal service, presumably that means they've submitted their bundle? My evidence is all ready, just my statement to prepare once I've received their bundle and then it's however long it takes to get a date.

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6 years 10 months ago #191547 by Gordon
Replied by Gordon on topic Worse off on ESA Appeal Rate than JSA
Amy

Give the Tribunal Service a ring, they may be able to tell you wait times for your likely venue.

Gordon

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

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