- Posts: 374
ESA has been rejected due to my medical
- Sharon
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- shelam
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Have you not tried to appeal the decision to stop your ESA? You have the right to appeal; it sounds as though you haven't given all the evidence you could to support your claim - did you not include evidence from your GP in with your application form? Perhaps if it's too late to appeal, you might wait and make a fresh claim at a later date, this time supported by your medical evidence?
In the meantime, you could phone the DWP and explain your medical condition/situation, and see what (if anything) they suggest. You could object to the attitude of the person you spoke to at the Job Centre, though I don't know whether or not that would get you anywhere. Obviously you are going to have to try to get there for your appointment - you don't get the benefit if you don't attend.
If you are having financial problems, go to your local government website and run through the benefits check list they have there - it might offer some other financial support.
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- Gordon
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- Posts: 51110
To add to the advice already given.
At the moment you are legally Fit for Work which is why you can claim JSA. If you intend to challenge the Decision then your only option in regard to receiving benefit payments are for you to do this, if the Decision is revised then you will be moved back onto ESA and if it isn't and you go onto to appeal then you can receive the ESA Assessment rate while you wait, assuming that this is your first Fit for Work Decision.
Once you have successfully made a claim for JSA you can then present a new Fit Note from your GP and you should be excused any Job Search requirement for up to 13 weeks, be careful, if you present the Fit Note when you make the claim for JSA or give any indication that you intend to then the claim can be refused and you will not be entitled to any other payments.
Gordon
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- Sharon
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- Sharon
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- Gordon
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- Posts: 51110
Sharon wrote: hi, I have given all my medical evidence at the medical, she photo copied some things, all appointments that I have and who I'm seeing ie pain clinic, physio etc, I don't know which way to go as I have given all the evidence I can including all the drugs that has been prescribed for me, I was also told from the long term illness place that if I claim job seekers then I am admitting that I'm fit for work and this is far from true
Whoever told you this is wrong, this is all about the legalities of your status
You are currently deemed (legally) to be Fit for work, your claiming JSA or not will not change this status, nor will it have any impact on your challenging the Decision.
Whether you are actually Fit for Work is another matter but this is an issue in regard to the realities of your claiming JSA and meeting the Job Search requirements and has nothing to do with your challenging the Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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