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paulaR

Hi all after recent health assessment my esa has been stopped as I’m now fit for work according to the powers that be iv sent in a appeal letter but am now having to sign on for JSA eventho I’m not fit for work just to get money to live on any advice 

Pippa_Alumni

Hi @paulaR, so sorry to hear this. It's good to hear that you're appealing: you may like to check out Scope's guidance for DWP appeals.

Tricia1912

Hi @paulaR a similar thing happened to meet some years ago. They stopped my incapacity benefit. I was furious they told me l could appeal or claim jsa. I was like a rocket down to cab. I felt if l claimed jsa l was saying l was fit for work when l knew l wasn’t. I don’t know what your health problems are. When l went for appeal it was intimidating, but l wasn’t going to give in. Someone from cab came with me and put my case forward. When it was my turn they asked me all kinds of questions. I then went outside while they made their decision. I got it back again because l was waiting for another operation. It should never have been stopped. I was lucky enough to have my husbands income to live on. But it’s nerve racking l was determined l was going to fight it. I did get it back dated. Good luck. 
 

paulaR

I told him yesterday I’m not got got work n he said if u want money this is the only way to get it so have no choice really I need something as now the council are on at me for full rent as my housing benefit has also stopped it’s a no win situation unfortunately 

BenefitsTrainingCo

Hi paulaR,

After a refusal the next stage is to ask for a mandatory reconsideration. Once you have received the mandatory reconsideration (6-8 weeks) you can then submit an appeal to the tribunals service. If you do this, once your appeal is registered you can go back on to ESA pending the outcome of your appeal, if your sicknotes are up to date. So you shouldn't be on JSA for long really. 
Also, your HB should only be suspended once your ESA has stopped. Your Local Authority will send out a review form and as long as that is completed with your new circumstances (claiming JSA instead of ESA whilst appealing) then your HB will be reinstated with no gaps.

Lee