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Question about work expectations if you fail

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13 years 8 months ago #22615 by mermaid
I am not sure if anyone on this forum can answer this question.

If you go through the ESA medical and fail, and also fail the appeal then I know you are then told that you are "fit for work".

Is the expectation at this point that you are not only fit for work, but fit for FULL TIME work? It seems pretty obvious to me that many people would not be able to be fit for full time work (me for one!)

It's just that when I was able to sign on about 3 years ago I was not fit enough then for full time work, and my GP wrote me a letter to present to the Jobcentre saying this and they accepted it. Under the new rules etc would this kind of letter be accepted do you think?

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13 years 8 months ago #22653 by Steve Donnison
Replied by Steve Donnison on topic Re:Question about work expectations if you fail
Hi Mermaid,

I'm afraid Jobseekers Allowance is not something I know a great deal about. However, I do know you can place restrictions on the work you can do if you are disabled and I'm not aware of any legislation that would have altered this in the last three years.

The danger sometimes is that claimants are found capable of work under the work capability assessment but then told by Jobcentre plus that they are not fit enough to be classed as available for and actively seeking work for JSA purposes.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 8 months ago #22660 by mermaid
Thanks for that reply Steve - I am puzzled to know what happens to those that you describe in the last paragraph who fall in this black hole. What are they living on?

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  • steve
13 years 8 months ago #22663 by steve
what happens if you lose a esa appeal and you are still on sick what benefit will you be able to claim

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  • Catherine
13 years 8 months ago #22665 by Catherine
Replied by Catherine on topic Re:Question about work expectations if you fail
Steve. Can you please clarify Mermaid's concern. I am confused too. What happens to these claimants? Are they put back on ESA? If so, at what rate? Is this a rare occurance or a common ploy to keep people at the lower assessment rate?

Thanks.

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  • Catherine
13 years 8 months ago #22823 by Catherine
Replied by Catherine on topic Re:Question about work expectations if you fail
Can anyone help with Mermaid's query about what happens to people who are found fit to work under ESA's WCA but then told they are not fit enough to claim JSA?

Have Mermaid and I misunderstood Steve's comment or are there some people being denied both benefits? Thanks

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