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JSA - Sanctions and appeals
- BANDBOLTON
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10 years 1 month ago - 10 years 1 month ago #118616 by BANDBOLTON
JSA - Sanctions and appeals was created by BANDBOLTON
Hello,
Given the current rise in JSA sanctions effecting those folks who are eiyhrt not quite ill enough to be awarded ESA or were too ill to appeal or otherwise put up a fight when their application failed do you wonderful folks have any plans for writing a guide to appealing these sanctions on mental health (or otherwise) grounds?
Regards,
Charlie
Given the current rise in JSA sanctions effecting those folks who are eiyhrt not quite ill enough to be awarded ESA or were too ill to appeal or otherwise put up a fight when their application failed do you wonderful folks have any plans for writing a guide to appealing these sanctions on mental health (or otherwise) grounds?
Regards,
Charlie
Last edit: 10 years 1 month ago by Gordon.
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- Gordon
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10 years 1 month ago #118620 by Gordon
We are looking at producing a guide to help claimants who are having to claim JSA while they are waiting for a Mandatory Reconsideration to finish, but it is important to remember that the rules for JSA are very different from those for ESA and people in the WRAG. Whilst the DWP have a statutory duty under the Equality act to make allowances for disabilities there is a point where they can refuse a claim for JSA because the claimant is not well enough.
Gordon
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Replied by Gordon on topic JSA - Sanctions and appeals
BANDBOLTON wrote: Hello,
Given the current rise in JSA sanctions effecting those folks who are eiyhrt not quite ill enough to be awarded ESA or were too ill to appeal or otherwise put up a fight when their application failed do you wonderful folks have any plans for writing a guide to appealing these sanctions on mental health (or otherwise) grounds?
Regards,
Charlie
We are looking at producing a guide to help claimants who are having to claim JSA while they are waiting for a Mandatory Reconsideration to finish, but it is important to remember that the rules for JSA are very different from those for ESA and people in the WRAG. Whilst the DWP have a statutory duty under the Equality act to make allowances for disabilities there is a point where they can refuse a claim for JSA because the claimant is not well enough.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
10 years 1 month ago - 10 years 1 month ago #118628 by bro58
Replied by bro58 on topic JSA - Sanctions and appeals
Last edit: 10 years 1 month ago by bro58.
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- BANDBOLTON
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10 years 1 month ago - 10 years 1 month ago #118675 by BANDBOLTON
Replied by BANDBOLTON on topic JSA - Sanctions and appeals
Thanks for the replies.
So far, 2 of the 3 people I have supported in appealing their sanctions have a good chance of being awarded ESA. In fact I have already supported them with filling in their ESA50s.
The first has already heard back from jobcentre and they overturned his sanction but the 2nd is yet to hear back depsite being sent a week before. The first result was speedy probably because the chap tried to kill himself. I told them this and asked them to decide asap. The second took no such drastic actions, instead stoically and resolutely putting up with it as so many people do. She merely reported increased anxiety to her GP who put her on a short course of tamazepam.
The 3rd, well we're waiting to hear if he will actually be sanctioned - though it's almost a foregone conclusion. He is, if you ask me, not well enough for working but also so borderline on the ESA scoring front that i'm quite trepident about going through this with him. He is also extremely isolated and just plods along not really reporting his condition to his GP so finding enough convincing evidence is going to be challenging. I digress - this is for a separate post.
So far, 2 of the 3 people I have supported in appealing their sanctions have a good chance of being awarded ESA. In fact I have already supported them with filling in their ESA50s.
The first has already heard back from jobcentre and they overturned his sanction but the 2nd is yet to hear back depsite being sent a week before. The first result was speedy probably because the chap tried to kill himself. I told them this and asked them to decide asap. The second took no such drastic actions, instead stoically and resolutely putting up with it as so many people do. She merely reported increased anxiety to her GP who put her on a short course of tamazepam.
The 3rd, well we're waiting to hear if he will actually be sanctioned - though it's almost a foregone conclusion. He is, if you ask me, not well enough for working but also so borderline on the ESA scoring front that i'm quite trepident about going through this with him. He is also extremely isolated and just plods along not really reporting his condition to his GP so finding enough convincing evidence is going to be challenging. I digress - this is for a separate post.
Last edit: 10 years 1 month ago by Gordon.
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- Gordon
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10 years 1 month ago #118678 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic JSA - Sanctions and appeals
BANDBOLTON
If these are JSA claimants, rather than ESA claimants claiming JSA while an MR is being carried out then I am not sure how much we will be able to help.
At the moment very few ESA claimants are going down the JSA route, whilst the rules are the same for both we do not have any specific feedback on how they are being treated and how much pressure is being put on them to jobsearch etc.
In regard your three claimants, there is unfortunately a considerable gap between JSA and ESA where many claimants fall, to sick for JSA but not sick enough for ESA.
Gordon
If these are JSA claimants, rather than ESA claimants claiming JSA while an MR is being carried out then I am not sure how much we will be able to help.
At the moment very few ESA claimants are going down the JSA route, whilst the rules are the same for both we do not have any specific feedback on how they are being treated and how much pressure is being put on them to jobsearch etc.
In regard your three claimants, there is unfortunately a considerable gap between JSA and ESA where many claimants fall, to sick for JSA but not sick enough for ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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