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Thread: What benefit can i claim whilst decision on ESA is under appeal?

  1. #1
    New Member
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    Jan 2014
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    What benefit can i claim whilst decision on ESA is under appeal?

    Hi, I wonder if anyone can help? I was claiming IB and had a medical in Nov 13. I scored 0 points, despite having arthritis affecting multiple joints, chronic sciatic pain and anxiety and depression preventing me from going out much or meeting new people. The decision is now under appeal and I understand, could take months. Is there a benefit that I am able to claim in the interim period? I was advised that I should apply for JSA, but that would mean lying about actively looking for work and being fit to work. Now my payments have stopped completely, I cannot pay the bills and am worried we may lose our home.

  2. #2
    Senior Member
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    Dec 2013
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    This is a situation on which you should seek advice from an advice provider, as the position is somewhat nuanced.


    Whilst the decision is subject to reconsideration, ESA cannot be paid. If the reconsideration finds you fit to work, you then have the right to appeal to the First-tier Tribunal, and ESA can then be paid at the assessment rate (usually including back money for the reconsideration period), subject to you providing continuous "fit notes" from your doctor stating that you are unfit to work.

    If zero income temporarily leaves you in an impossible position, even after exercising any zero income rights available in relation to housing costs, you can claim JSA and request reasonable adjustments in your jobseeker's agreement, but this involves you declaring yourself fit to work and taking steps actively to seek work. It is debatable whether this is lying about being fit to work, as the Work Capability Assessment has found you fit to work.

  3. #3
    Senior Member
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    As Flymo said if ATOS have declared you fit to work, following an assessment the DWP can't refuse to let you apply for JSA, unless you tell them you are unfit to work in any capacity. It's assumed anyone who does this road, would ask for reasonable adjustments to be made to suit their needs, when first agreeing what is put in your job seekers agreement. Consider carefully what reasonable adjustments you might need, because you are monitored to ensure you fulfill your JSA, and can be sanctioned if you don't stick to what is in it. They do have to adjsutments which are reasonable mind you.

    As you're likely going to appeal if a mandatory reconsideration doesn't change the decision, it's only for a few weeks , so is do able, if you can't survive without payments meantime , as long as you get your agreement right to start with.

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