ESA payments stopped - told to claim JSA though surgeon says no

zippydog

Hi..my son was claiming esa after an industrial injury last march. He is still having ops .... as recently as monday this week.  .He had a new elbow ladt march and cannot use his right arm, movement is restricted and he is still under the surgeon. He got a call today to say his payments have stopoed even though he has a current sick note till 19feb. He had a mefical for the esa they have deemed hjm fit for work.  He was told to apply for jsa even though the surgeon said no.he was self employed

DylanEvans

Hi @zippydog and welcome

I'm sorry to hear about your son's difficulties. With regards to advice and support, the community benefits advisor may be a good place to start, as well as the ESA category.

I hope this is helpful. If you have any questions or concerns, please don't hesitate to ask.

tomm

Request a Mandatory reconsideration  in writing to the DWP and also the ESA85 hcp's report and the LT54 ESA56  decision makers decision and score sheet
Your son will of  been found fit for work , if he needs some form of income in the meantime JSA is the only benefit he will be able to claim,  he could negociate relaxed claiment commitment (your agreement with the job centre as to what you will do to find work)  once the DWP have done the MR and have sent you the decision notice 2 copies, you can then go to a tribunal  appeal the dwp's decision  if the DWP don't change the current decision , If claiming JSA , he could then restart the esa claim again,until the appeal is heard , or if no jsa claimed from when the esa was stopped, they would then pay the arreas uptil the date the tribunal accepted  the appeal, or the DWP revised their decision at MR

 you will likely need clinical evidence  to back up how your son's diagnosed conditions affect /impact his day to day life, because their argument is your son is fit enough to work, and by work that does not have to be someones normal job ,  because as far as they are concerened those conditions would not prevent someone working , your son has to prove that they would prevent  him from working just saying this is not enough

mikehughescq

Claim JSA whilst the ESA MR is awaited. You can have a period sick on JSA and by the time that expires you’ll have fhe MR decision.

tomm

@ Mike hughes, Yes i was aware of this , but our freinds at the DWP seem to think otherwise as i'm sure you know, i was trying to simplfy things not complicate them even more,  though no doubt each JC is different as are every work roach, Regardless of the latest breifing they have had  that is before you take into account if the OP lives in a full service UC area or not

EPS  up to 13 weeks of sickness,With Fit note  in edition of the other 4 weeks in total  periods of sickness , each being 2 wks totalling 4 weeks in any 12 month period of JSA

mikehughescq

There’s no problem at all with the EPS being the 1st 13 weeks of JSA and that’s not impacted at all by whether they’re full UC or not.

tomm

http://www.disabilitynewsservice.com/ministers-forced-into-sickness-benefit-u-turn-over-sanction-fodder-measure/

And there still are issues with this today due to the clowns at the JC not being trained properly  and the JSA claim would have to be in payment  first  before a claim for EPS would be accepted,

And in any case they would still be expected to search for work and for some reason expected to attend an interview  but not take a job

mikehughescq

The article is nearly a year old and I can say that things have moved on considerably and, whether they like it or not, an EPS can be requested and enforced quite easily.