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TOPIC: JSA to ESA - Pillar to Post

JSA to ESA - Pillar to Post 07 Jun 2018 17:27 #8459

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london, when you re-claim ESA having been found `fit for work` previously, your new/next claim has to be for either a worsening of a current condition (so your polyps/leg problems) or a NEW health condition. So what you need to do is, see your GP, tell them what`s happening and try to generate some new information regarding your health problems and upcoming surgery. make the point of looking at the ESA descriptors you MEET and explain why you now meet them.

Did you fill out a new ESA50 form or did you phone the ESA line and ask to re-claim ESA? Not too sure how you went about this or whether you went through the proper protocol of filling out the ESA50 form and then they (DWP) contacted you saying you couldn`t claim again for the same conditions?
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JSA to ESA - Pillar to Post 07 Jun 2018 17:52 #8463

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london123 wrote:
hi.
im a male 61year old ,
i was on jsa after a failed esa assessment. but my job center adviser ,says i need to claim esa again as im in no fit state to work.i have nasal polyps hanging from my nose. really bad, awaiting an operation.and bad leg pain from a road accident, so i put in a new claim and they stopped my jsa. now ive just had a phone call from esa saying i can not claim esa as i have had the condition down in my last assessment. so now what ?

You were told by coach to re-apply for ESA

You did as you were told.

Your JSA was then stopped and ESA also denied.

What sort of a low-life shithouse rat is that you are having to deal with?

Have you tried to see your coach in order to find out what you are supposed to do now?

I would suggest a visit to your nearest Citizens Advice, explain what happened and they will advise as to your next step.

It’s all very well going through the formalities and procedures that DWP advise if they practiced what they preached.
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JSA to ESA - Pillar to Post 07 Jun 2018 18:05 #8465

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yes my jsa coach phoned up the esa number and i took from there in the job center, i explained to her that i would rather be on jsa ,she said no one would employ me in my state, then esa said my coach should find me a job tailored around my disabilities,what a joke.just got the phone call today at 430. they said they would send a letter out explaining.it
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JSA to ESA - Pillar to Post 07 Jun 2018 18:23 #8467

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london123 wrote:
yes my jsa coach phoned up the esa number and i took from there in the job center, i explained to her that i would rather be on jsa ,she said no one would employ me in my state, then esa said my coach should find me a job tailored around my disabilities,what a joke.just got the phone call today at 430. they said they would send a letter out explaining.it

With any luck the letter might clarify what is going on and give some idea of what the next step should be, if other than what already suggested.
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JSA to ESA - Pillar to Post 07 Jun 2018 19:02 #8471

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I`m not sure your coach took the correct route here. It all seems very confused and rushed. Your coach may have had good intentions by phoning the ESA people, but your JSA should NOT have stopped until you had filled in a new ESA50 form and then been called for a new assessment to be carried out, THEN a decision on any award would have been given. Claimants can STAY on JSA while an ESA claim is being processed. I done this (rather than claim the ESA assessment rate) but I still had to hand in fit notes for payment to be paid and still had to go into my job centre for meetings with the coach I was appointed to. Some people can`t wait to close their JSA claim and ask for the assessment rate instead and that`s what I would suggest people do as long as their GP is prepared to give them fit notes to cover the duration of the time it takes for an assessment to be done and the outcome known. Only then should your JSA or ESA money stop.

I`ve never had a `gap` in my ESA claim though and although I claimed JSA after a fit for work decision, I chose to do that while I was appealing that decision, so my ESA claim was still ongoing due to me appealing it, even though I wasn`t being paid ESA funds.


Once you receive this letter of explanation of why they have refused you ESA, you take it to your GP and CAB and explain your current situation. You could either get new evidence from your GP which would kick start an ESA assessment rate payment, or you could do a rapid re-claim for JSA while this mess is being looked at. Either way, they shouldn`t be leaving you without any income?
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JSA to ESA - Pillar to Post 07 Jun 2018 19:54 #8476

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yes i was on relaxed signing for think around 8 weeks as she called it. handing fit notes in to my adviser. she said i can only hand so many sick notes in ,then would have to go on esa, then as the 8 weeks expired,this happened,
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JSA to ESA - Pillar to Post 08 Jun 2018 00:48 #8483

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That's professional of them (not), to leave you between a rock and a hard place - and at your age that is disgustingly stupid. This is potentially a very complex and time consuming situation to be in that could ultimately end up with the Independent Case Examiner (ICE). I have been in a similar situation with JSA and ESA at loggerheads. Comply or die is probably right that they shouldn't have just ended your JSA although as they have already had a preamble of a couple of months they probably can justify their decision. ESA are despicable in the way they just brutally refuse people and dump them as somebody elses responsibility. Again though they are probably technically within their remit as even being placed in the WRAG element of ESA you would be expected to make monthly visits to the JC.

Right now the most positive thing I could say would be that getting professional written support from a GP and/or specialist he/she has referred you to showing that your condition has worsened would give you a reasonable shout at getting ESA although it sounds like the immediate next stage for you would be to request a Mandatory Reconsideration (most of which are turned down) then go to appeal. Whilst on appeal you would be getting assessment rate ESA and keep getting your basic living costs covered.

Although you say you prefer JSA this has now become much harder in your case. As far as I know there is no appeals procedure to that benefit but I stand to be corrected. Like I said though, this could go to ICE and they might determine that since ESA decreed JSA should be trying to help you find appropriate work and that you want to be with that dept then it makes sense to at least give you the chance to try and find a suitable employer. Being left out of pocket by a mistake would also very likely see you reimbursed and backdated to when your money stopped. The ICE stage took virtually a year in my case though so bearing that in mind I think a visit to the CAB letting them know which benefit you prefer to be on would be a very practical move.
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JSA to ESA - Pillar to Post 08 Jun 2018 07:05 #8484

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london123 wrote:
ive just had a phone call from esa saying i can not claim esa as i have had the condition down in my last assessment. so now what ?

Ring DWP on 0800 169 0310 and tell them that they have made a mistake. There are no grounds to refuse a claim for ESA on the basis that a health condition was listed on a previous ESA claim. What you will have to show (with medical evidence) is how your condition has significantly worsened since your last claim for ESA. If you can prove this, your claim for ESA should be accepted.

One thing to bear in mind, you will not be entitled to the assessment phase rate of ESA on a new claim if you have been found not to have Limited Capability to Work (LCW) in the previous 6 months.

In any event, keep putting your fit notes in at the Jobcentre.

Since your work coach has misdirected you, you should ask that your JSA claim is reinstated pending an award of ESA. If DWP do not reinstate your JSA you should raise a complaint.

As others have suggested, Citizens Advice is your best option right now. Ring your local CAB and ask for a disability specialist, or if they have one, an ESA specialist ;)
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JSA to ESA - Pillar to Post 08 Jun 2018 07:43 #8485

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Spanner wrote: There are no grounds to refuse a claim for ESA on the basis that a health condition was listed on a previous ESA claim. What you will have to show (with medical evidence) is how your condition has significantly worsened since your last claim for ESA. If you can prove this, your claim for ESA should be accepted.

Agree. They seem to have refused you ESA on the basis of the same condition you claimed for previously, but have not asked for, nor looked at the possibility of a WORSENING of said condition, which you now do through your GP. That`s where you need to focus now. Let us know how you got on london. FIGHT this.
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JSA to ESA - Pillar to Post 11 Jun 2018 11:21 #8547

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sent hospital letter to esa stating my condition had worsened, but still rejected my claim,now just been on phone with jsa and they said i would have to make a fresh claim for jsa online.
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JSA to ESA - Pillar to Post 11 Jun 2018 12:42 #8548

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Whatever happened to JSA rapid reclaims? Or is that only for jobseekers who start work and then need to claim JSA again within six months? They denied you ESA and you then claimed JSA then your coach phones ESA and promptly closes your JSA claim, then ESA tells you that don`t qualify for ESA...and now they leave you in no mans land? :huh:

They are having a laught, right? If you think you can`t get ESA just now, I would ring your work coach (the one who closed your JSA claim) and tell HER the predicament you are now in due to misguided information. She was the one who started all this.
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JSA to ESA - Pillar to Post 11 Jun 2018 13:43 #8549

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yes i tried to ring her but apparently shes on a training course and not available. so was told to make a claim online. getting sick of it all.
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JSA to ESA - Pillar to Post 11 Jun 2018 15:32 #8550

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I think you should rapid reclaim, as your jsa was closed by mistake you should be able to do that.

Typical wc doesn't know or care what they are doing.
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JSA to ESA - Pillar to Post 11 Jun 2018 15:38 #8551

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Do you have a local CAB office and/or MP`s office london? My first thoughts here were, if this was me, I would be thinking along the lines of - "I`ve been messed about here and left with no income and NO help" and none of it was MY fault! So for example, if your MP`s office is open in the morning and it`s local to you (if not you could phone their constituency office) and relay to the staff there what has gone on. They should then be able to advise you or at the very least, give you advice on what to do next. Citizens Advice usually have drop in days in the mornings but many only see people by appointment only, but I would contact both.


So where are you at the moment? Your JSA claim was closed? By who? Was it you who personally closed it thinking you were going to be on ESA, or your work coach? Why did this happen? Did your coach ring up ESA and say `Mr London is to be sent an ESA50 form to claim ESA`?, or what was the protocol she used?


Set out EXACTLY (on paper) what went on and how their actions have now left you where you are, with NO benefit claim. If you submitted NEW evidence in the form of a WORSENING condition (which DWP say is required to reclaim ESA again) and you did that, they should have considered this new evidence and assessed you on it?
Did they receive your hospital document and then just decided it had no baring on things?

You wrote earlier:
yes i was on relaxed signing for think around 8 weeks as she called it. handing fit notes in to my adviser. she said i can only hand so many sick notes in ,then would have to go on esa, then as the 8 weeks expired,this happened,

After the ESA assessment period (usually 12 weeks not eight) this is the period when someone claims ESA by filling in an ESA50 form, they await an assessment by Maximus,the private outsourcing company who now carry out the ESA assessments. So if you have been handing in fit notes to cover you for 8 weeks and then told you can`t claim ESA without an official assessment? Did your coach just pick up the phone after 8 weeks and say to the ESA people that you should be claiming ESA without going down the proper proceedures?
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JSA to ESA - Pillar to Post 12 Jun 2018 10:34 #8571

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they received the letter from my specialist at my hospital stating my condition had worsened, but ignored it. i have an appointment today with the job center,im hopeful of a rapid reclaim. don't need all this stress at my age.
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JSA to ESA - Pillar to Post 12 Jun 2018 12:04 #8578

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london123 wrote: i have an appointment today with the job center,im hopeful of a rapid reclaim.

That`s good. Explain your situation and that you need them to either rapid re-claim your JSA, or give you closure on the ESA fiasco. Either way, you were given a tardy response and they have not followed correct procedure. Producing evidence of a WORSENING of a current condition should mean looking again at your claim for ESA on those grounds. Just to refuse it without proper analysis and assessment is wrong and if they don`t follow their own rules, you should see your MP.
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JSA to ESA - Pillar to Post 12 Jun 2018 13:24 #8597

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just been to job center and made a new claim got to go again on thursday, i now have a letter from my council stating my rent as been stopped. and i owe £476 it just gets worse.
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JSA to ESA - Pillar to Post 12 Jun 2018 14:32 #8602

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That rent money should be backdated London. You shouldn`t owe anything. Once the council have your letters to validate the stopping of your payments, they will adjust your account again once payment goes live. This is why it`s important that ANY stopping of a benefit payment, you need to get in touch with your landlord immediately because although JSA/UC covers housing benefit, DWP don`t always relay why a benefit has been stopped or sanctioned and the landlord thinks you are working! So if you can`t get down to your council with the letters relating to your ESA stopping and your JSA claim being affected. give them a call to explain why your JSA was stopped. The council person should note the reasons on your file and you need to keep them updated. Your Thursday job centre appointment will be about your new JSA claim restarting, so make sure you write everything down you want to discuss before you go because it could be a new discussion about your fitness and the work you can do.

It`s vital that you tell them about any surgery or hospital visits you may have coming up and this is recorded on your Claimant Commitment. Reasonable adjustments and reducing the hours of work you can manage and the jobs you can do. Don`t just let them dictate things. Start now and take down notes. :)
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JSA to ESA - Pillar to Post 14 Jun 2018 15:47 #8672

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just got back,after signing was told i would only get a few days pay £15 for two weeks,as when i started my claim i put from the 11th,the date i made my claim,instead of 31st of may when they stopped it. and i would now have to sign on weekly .aint life great, should be getting better in your 60s not worse.
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JSA to ESA - Pillar to Post 14 Jun 2018 16:00 #8674

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london123 wrote:
just been to job center and made a new claim got to go again on thursday, i now have a letter from my council stating my rent as been stopped. and i owe £476 it just gets worse.

Re your rent.

When a claim is stopped the Jobcentre automatically inform the Council. The Council then automatically stop payment of housing benefit.

To get your HB reinstated you will need to re-apply. If you send a letter to the Council explaining what happened and that you remain unemployed. You should be able to get your withheld rent payments back.

Check at housing benefit office to see if there are forms that you need to fill in.
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