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Employed, signed off sick, & appealing ESA
- tempertantrum
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12 years 6 months ago - 12 years 6 months ago #88809 by tempertantrum
Employed, signed off sick, & appealing ESA was created by tempertantrum
Do you know what happens if someone is signed off sick by medical professionals from their job and are not permitted to go back to that job until they are declared fit, but fail at the medical for ESA? Is it worth appealing, and if they fail the appeal what can they claim as i'm guessing JSA is a no as they are employed therefore not 'actively seeking work'? I can't seem to find any answers from the DWP?
Last edit: 12 years 6 months ago by slugsta.
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- spicy
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12 years 6 months ago - 12 years 6 months ago #88815 by spicy
Replied by spicy on topic Re: Employed, signed off sick, & appealing ESA
I was in the same position you are in. Yes appeal the decision you have nothing to loose, I appealed and won the tribunal going from no points to being put in the support group. If you fail your appeal I was told by welfare team that you can apply again for ESA again. Use the guides on this website as they will help you all the way. Good luck.
Last edit: 12 years 6 months ago by slugsta.
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- slugsta
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12 years 6 months ago #88818 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:Employed, signed off sick, & appealing ESA
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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12 years 6 months ago #88820 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Employed, signed off sick, & appealing ESA
TT
ESA tests your ability to meet a a specific set of tests and should not be confused with any assessment you may have had regarding your capability to perform your current job.
If you are found Fit for Work by the DWP, you can appeal the Decision, and will be paid the ESA Assessment rate while you wait for a hearing. This is paid at the same rate as JSA.
I hope this explains it.
Gordon
ESA tests your ability to meet a a specific set of tests and should not be confused with any assessment you may have had regarding your capability to perform your current job.
If you are found Fit for Work by the DWP, you can appeal the Decision, and will be paid the ESA Assessment rate while you wait for a hearing. This is paid at the same rate as JSA.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tempertantrum
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12 years 6 months ago - 12 years 6 months ago #88891 by tempertantrum
Replied by tempertantrum on topic Re: Employed, signed off sick, & appealing ESA
Hi there, thanks for your reply. I'm sure you can't apply for ESA again until 6 months has gone by from your date of decision? If this is the case, you can't apply for JSA (as employed already) and cannot claim ESA. DWP Cannot answer my question so it's very frustrating, i'm wondering how people survive!
Last edit: 12 years 6 months ago by Gordon.
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12 years 6 months ago #88894 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re: Employed, signed off sick, & appealing ESA
tempertantrum wrote:
You can make a new claim for ESA within the six months, if your condition(s) have deteriorated or you have a new condition that would prevent you working. In both cases you need to provide compelling medical evidence that supports this.
You can also make a new claim for ESA based on your current condition, but you will not be paid on it until you have have had a medical or six months have elapsed, whichever is ealier.
I hope this explains it.
Gordon
The six month rule is often simplified for convenience.Hi there, thanks for your reply. I'm sure you can't apply for ESA again until 6 months has gone by from your date of decision? If this is the case, you can't apply for JSA (as employed already) and cannot claim ESA. DWP Cannot answer my question so it's very frustrating, i'm wondering how people survive!
You can make a new claim for ESA within the six months, if your condition(s) have deteriorated or you have a new condition that would prevent you working. In both cases you need to provide compelling medical evidence that supports this.
You can also make a new claim for ESA based on your current condition, but you will not be paid on it until you have have had a medical or six months have elapsed, whichever is ealier.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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