esa to jsa and appeal issues

Mr S

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

The rules regarding contact while on JSA and covered by a Fit Note are a bit woolly, you should have been excused from any Job Search requirement but I can't state for certain that a fortnightly phone interview is unreasonable. If you conditions don't limit your ability to communicate with others, it may be simpler for you to acquiesce, especially if you are appealing.

To be placed back on the ESA Assessment rate the DWP must have received notice of your appeal. I assume that this is the first Fit for Work Decision that you have received or the first since you had an award of ESA.

Requesting the Assessment rate does not require a claim for Universal Credit. you are asking for the ESA claim that was closed to be reinstated, if you have problems with this then escalate the problem to a manager.

Gordon

Mr S

If the letter confirming your appeal was dated for early December then you should expect to receive the DWP submission very shortly as they have one month from the date of the Tribunal Service to prepare and submit it.

However, this process is totally separate from you claiming the ESA Assessment rate while you wait for a hearing and the DWP will not contact you about this, you must contact them.

Your advisor is incorrect, the rules have not changed just because UC has gone live in your area. If you were trying to make a new claim for ESA then I would agree with them, but you are not, you are asking for your original claim to be reinstated and this does not require any claim for UC.

It is really important that you stick to your guns over this and escalate the issue to a manager if necessary. It's not so muc an issue of the rules or legislation as understanding what is being asked to be done.

Gordon