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Thread: MR turned down, have refused to claim JSA on grounds it would be fraud.

  1. #1
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    MR turned down, have refused to claim JSA on grounds it would be fraud.

    Despite supportive letter from GP saying having to seek work would have a negative effect on health[ Paranoid Schizophrenia] MR not changed original decision .
    It's a game they're playing isn't it? This making you think you have a chance of reconsideration and getting ESA reinstated ?

    Cannot comply with JSA requirements and conditions. Result ? No income!

    So sooner appeal is submitted , sooner assessment ESA will be reinstated . Is that correct ?

  2. #2
    Senior Member nukecad's Avatar
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    Are you sure that you cannot comply with the JSA conditions?

    If you sign on to JSA whilst awaiting MR then you can immediately go onto 13 weeks of 'extended sickness'.
    So you are on JSA but send fit notes from the doctor so do not have to attend, do jobsearches, etc.

    Most people having an ESA MR do this extended sickness JSA now, if they know that they can.

    Hopefully the MR will be done before the 13 weeks are up
    (But we have seen some cases recently where it took longer so the 13 week extended sickness ran out).

    You can only go back onto ESA once the MR has been done, you have appealed, and the DWP has had notice from the court that your appeal has been lodged.
    You have to then ask to go back on ESA, they don't do it automatically.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
    paul446
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    Hi starman i cant agree more:-)
    I always get failed at dwp run asessments and i dont give them the satisfaction of asking for a reconsideration , i go straight to appeal tribunal , also if you claim jsa the tribunal will take that into concideration , if you have been diagnosed with a mental illness then you should be ok , dont worry if you have scored O points or the dwp have had a so say medical proffessional make a bias report the tribunal are well aware the difficulties people with mental health have at getting there point across...very best of luck:-)

  4. #4
    Senior Member nukecad's Avatar
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    Paul,

    Please would you stop telling people to ignore MR and go straight to appeal.

    This is not possible.

    You cannot lodge an appeal with the court without first having a MR.

    You have to include the MR refusal with the appeal application.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  5. #5
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    Quote Originally Posted by nukecad View Post
    Are you sure that you cannot comply with the JSA conditions?

    If you sign on to JSA whilst awaiting MR then you can immediately go onto 13 weeks of 'extended sickness'.
    So you are on JSA but send fit notes from the doctor so do not have to attend, do jobsearches, etc.

    Most people having an ESA MR do this extended sickness JSA now, if they know that they can.

    Hopefully the MR will be done before the 13 weeks are up
    (But we have seen some cases recently where it took longer so the 13 week extended sickness ran out).

    You can only go back onto ESA once the MR has been done, you have appealed, and the DWP has had notice from the court that your appeal has been lodged.
    You have to then ask to go back on ESA, they don't do it automatically.
    Very sure cant comply with JSA conditions which is signing name to actively seek work . No cannot do it and it's against Human Rights to make someone sign up to something they cannot do and make them say they can .

    Fit note for 8 weeks and a letter from GP both said not fit to work and which was submitted with MR request. Still turned down so they take no notice of GP.... obviously ?

    So onward to the appeal without an income.

  6. #6
    paul446
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    Starman if you have a sick note to cover you to your appeal you can claim £73.10 appeal rate:-)
    Also if your getting pip/dla this will continue:-)
    I hope you get support till yr appeal i use the CAB to fill out forns and any phone calls to dwp:-)

  7. #7
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Starman View Post
    Very sure cant comply with JSA conditions which is signing name to actively seek work .
    ..
    ..
    So onward to the appeal without an income.
    When on the 13 week extended period of sickness with JSA, and providing fit notes (sicknotes), you are not required to sign to say that you are actively seeking work.

    Quoted from this :https://www.google.co.uk/url?sa=t&rc...22676328,d.ZGg
    What to do if you need an Extended Period of Sickness
    If you are likely to be sick for more than two weeks you will need to provide
    supporting medical evidence from the eighth day of your sickness period to the
    end of it. If you expected to be better within two weeks but find you are still sick
    you will need to provide supporting medical evidence – such as a statement of
    fitness for work (called a “fit note”) signed by your GP or other health professional
    – as soon as possible, and dated no later than day 15 of your sickness period.
    You must send your supporting medical evidence to your work coach as soon as
    you can.
    If you do not provide supporting medical evidence you will be expected to be
    available for work and actively seeking work to keep claiming JSA.
    Take note of that last sentence - It means that if you do supply fit notes then you will not be expected to be available for work, or actively seeking work.

    As I said above many people on ESA Mandatory Reconsideration are doing exactly this.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  8. #8
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    Claim JSA, it really isnt difficult, and NO the Tribunal does not take it into consideration as they know that is often the only way you can get some money coming in. I claimed JSA throughout my MR and Tribunal, I never went back on to ESA Assessment Rate which I could of done once Tribunal paperwork has been received. I still won at Tribunal.

  9. #9
    paul446
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    I think i would of rememberd if i had MR before my last appeal ? And yes i know the rules say you MUST request one before yr appeal..
    But i had circumstances that put me outside the time you need to claim a MR by..
    I got a sick note from doctor that stated unlimeted period and sent it in and had to wait a long time on £73 a week till i got appeal..
    The tribunal DID ask how i had survived and i told them during the MR period i borrowed from freinds and after that i got the £73 appeal rate , i told them i would NEVER claim JSA because it would be fraud and they seemed very impressed:-)
    If i need to appeal again i will do EXACTLY the same.
    Also if you can survive outside the MR period then have your appeal lodged after , you get all money owed back after the tribunal:-) good luck to anyone being bullied by this terrible system of withdrawing your income to make you claim JSA when your not fit to work , in any criminal law it is FRAUD no matter what reasons you have for your actions i have principles that im trying to live by.

  10. #10
    Senior Member nukecad's Avatar
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    Paul,

    Your principles are yours. If you didn't want to claim JSA during MR then that was your choice.

    But not claiming JSA is an entirely different thing from not having a MR.

    You still had a MR, whether you realise it or not.
    (I'm guessing that the DWP initiated it themselves because of your mental health issues, or maybe CAB or someone else did it for you)?

    The law is the law and it says that you have to have a MR before you can appeal.

    The court will not accept an appeal unless you have had a MR first.

    I suspect that you had a difficult time, and if you follow the same course again you will have a difficult time again.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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