kicked off esa to jsa?can they do this

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hi all.....my partner claims esa for copd then he had to go for a medical and he got a phone call saying he was no longer getting esa and had to make an appointment to claim jsa....even tho his sick note still runnin for another week and the doctor himself will be giving him another sick note as he isnt fit fot work he couldnt even get to bus station to get to work!one person from citizen advice helpline said he had to sign on jsa while reconsideration form went in someone else for citizens advice said do not sign for jsa as your signing a form declaring your fit to work and able to actively seek work....any advice please as we have to go to job center in morning!

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6 Replies

  • Posted

    Yes the DWP can overrule a sick note.

    Since the changes in October 2013 there has been a lot of confusion over the appeal process. Before that date anyone appealing would have their ESA reinstated until the appeal process ran its course. The Tories/Lib Dems were not happy with his and changed the way things were done.

    At first if you made an appeal you were only entitled to Hardship payments which are set at a much lower rate than JSA or ESA or nothing at all as making a claim for JSA was seen as an acceptance of the decision and the claimant making themselves available for work and stopped any appeal.

    This caused chaos and with a General Election approaching someone took the decision to change the process so that claiming JSA did not compromise any appeal against the DWP decision.

    This is why advice agencies have got their information all mixed up and given conflicting messages.

    So the present situation (unless it has changed again over the past few days) is make an appeal by asking for a Mandatory Reconsideration within 28 days of the date on the letter informing you of the DWP decision and make a claim for JSA so that any ancillary benefits are not affected e.g. Housing Benefit/Council Tax Reduction.

    The MR process really is cosmetic and not many decisions get turnover. However, it is your chance to challenge the decision and introduce new evidence in support. It is important from the view that it must be done and any Tribunal will review it if the appeal goes that far.

    I would still contact the CAB by going to your nearest office and asking for an appointment with a Benefit Specialist.

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    • Posted

      I agree with all of this. When you make your appeal, be extremely graphic. I wrote in a 60 page appeal detailing exactly how each of my illnesses affected me, how I got those illnnesses in the first place etc etc. I know you wont be able to say *why* he got COPD but the more detailed you are the better. Write it as if he was one of his worst days.

      I think they accepted myy appeal because they were scared I would write a book for them to read through next time! I am not suggesting you go quite that far but you get my general point!  xxx

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  • Posted

    If your partner has been receiving esa is he on the disabled register?

    If so there should be a disabled resettlement officer at the job centre.

    Ask for an appointment with them.

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    • Posted

      As far as I am aware there is no longer any sort of 'disabled register'. There isn't a list you can put yourself on. However the equality act covers all sorts of things, including people percieved to be disbaled. Generally you are considered disabled if you can claim ESA, DLA or PIP, Severe Disablement Allowance, Have a Blue Badge, are registered as Blind or Deaf etc etc. Though of course it is possible to be disabled without any of those benefits.
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    • Posted

      I hate the tag word 'disabled'. To me it makes me feel that I am a second class citizen. I may well do things slower, have found alternative ways to live, but I am not disabled!.

      Maybe 'alternative' is better.

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  • Posted

    Obviously it’s a personal decision but I find nothing wrong with the 'term' disabled. Break it down and 'dis' means disadvantaged while 'able' is defined as 'having the power, skill, means, or opportunity to do something'. Therefore you are simply disadvantaged from having the skill, means or opportunity to do something' due to physical or mental condition.

    That doesn't suggest to me that I am some kind of second rate citizen, rather the opposite as there are social benefits such as parking spaces or accessibility provision to help.

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