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11 years 2 weeks ago - 11 years 2 weeks ago #102578 by Emma286
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Hi there, I was wondering if somebody might be able to help.
I understand, from a newsletter I received from here in February, that it's about to start happening that the DWP stop ESA completely if you challenge a decision you're fit for work and decide to appeal - at least until the reconsideration stage is over.
I've recently had to re-apply for my ESA again (My claim's been ongoing since 2009, and so inevitably I have to do this at least once a year). I'm expecting Atos to be contacting me any day to ask me to attend a medical. I know it's very likely they're going to fail me because of past experiences with them.
In the event that the worst happens, and the DWP tell me again they're removing my benefits, and I choose to appeal, I was wondering if somebody could advise on what to do if I find the DWP are going to carry out one of these new mandatory reconsiderations, take ages to do it and I find there's little choice other than to try and apply for JSA in the meantime. I know that in the normal way of things you have to declare yourself fit for work and available for work. Yet, I don't see how I can do that. Is it best to just tell an advisor that though I'm appealing against a refusal of ESA, I've been found fit for work by the DWP?
I'm really confused as to how to approach this problem.
Many thanks for reading
Emma
I understand, from a newsletter I received from here in February, that it's about to start happening that the DWP stop ESA completely if you challenge a decision you're fit for work and decide to appeal - at least until the reconsideration stage is over.
I've recently had to re-apply for my ESA again (My claim's been ongoing since 2009, and so inevitably I have to do this at least once a year). I'm expecting Atos to be contacting me any day to ask me to attend a medical. I know it's very likely they're going to fail me because of past experiences with them.
In the event that the worst happens, and the DWP tell me again they're removing my benefits, and I choose to appeal, I was wondering if somebody could advise on what to do if I find the DWP are going to carry out one of these new mandatory reconsiderations, take ages to do it and I find there's little choice other than to try and apply for JSA in the meantime. I know that in the normal way of things you have to declare yourself fit for work and available for work. Yet, I don't see how I can do that. Is it best to just tell an advisor that though I'm appealing against a refusal of ESA, I've been found fit for work by the DWP?
I'm really confused as to how to approach this problem.
Many thanks for reading
Emma
Last edit: 11 years 2 weeks ago by . Reason: Tick.
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11 years 2 weeks ago #102585 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Emma
Whilst the changes you are talking about come into effect from the end of April, they already impact PIP appeals, not that there are any yet, they currently only apply to "ESA" claims under the Universal Credit, and under the current plans, these will not begin until October at the earliest, so you will not be affected before then and maybe not even then!
How claimants will deal with this situation in the future is not clear, whilst you can put restrictions on the hours and type of work you would seek under JSA due to your condition(s), it is possible for these to be too strict for the DWP to accept, meaning that a claimant could be left as too well to claim ESA and to ill for JSA.
It is also important to remember that the sanction regime under JSA is far harsher than that under ESA, so claimants will need to be very sure that they can meet their commitments.
Gordon
Whilst the changes you are talking about come into effect from the end of April, they already impact PIP appeals, not that there are any yet, they currently only apply to "ESA" claims under the Universal Credit, and under the current plans, these will not begin until October at the earliest, so you will not be affected before then and maybe not even then!
How claimants will deal with this situation in the future is not clear, whilst you can put restrictions on the hours and type of work you would seek under JSA due to your condition(s), it is possible for these to be too strict for the DWP to accept, meaning that a claimant could be left as too well to claim ESA and to ill for JSA.
It is also important to remember that the sanction regime under JSA is far harsher than that under ESA, so claimants will need to be very sure that they can meet their commitments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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