Catch 22?

Annabelle26

I took my latest Fit Note to the JobCentre on Tuesday.  i was able to see my Work Coach briefly.  She scanned the Note & told me she would send it to the Benefit Centre.  She also worked out that as the note was for 3 months & the previous note was for 1 month she told me I should put in a new claim for ESA as I would be sick for more than 13 weeks & the note took me past the cut off point for my JSA.  She told me ring the New Claims Line this time not the benefit centre line like she suggested when I first started to claim JSA.  She told me to ring them to see if I could still get the same amount of ESA whilst waiting for the case to go to the Tribunal.  They said no as I was taken off it because I missed a medical.   I rang new New Claims as she told me to do yesterday.  I spoke to a nice man but had to keep asking him to repeat the questions as there was a lot of shouting & banging in the background (it sounded a bit like a party) & I kept complaining about the noise & was struggling to hear him but he said there was nothing he could do about it it was the mike was very sensitive to the noise.  We eventually managed to complete the questionaire & I am waiting for it to arrive so that I can check it & return it.  Both he & my work coach told me I should carry on getting JSA until the claim is sorted.  One thing that got me thinking about his knowledge was when I started on my mental problems.  I told him I was mentally ill with severe depression & anxiety problems.  He asked is anxiety a mental illness.  I told him it was one of my problems but he said he did not think it was a mental illness.  I tried to tell him it was but he was not convinced but he put it down on the list of problems I have.  Apparently there is no waiting time as I had a previous claim & I should just eventually swop from Income based JSA to Income based ESA but I would only get the same amount as I was getting on JSA.  I asked about my previous claim being with the Tribunal Service & could I go back on that claim but he would not discuss it so i will just have to wait & see what happens.

BenefitsTrainingCo

Annabelle26,

I do think you have to stay on JSA for now until your new ESA claim is decided.  You may get ESA on this new claim if your condition has got worse, or you have a new condition. I don't know if the questions you were asked on the phone were trying to establish this - it's possible. I'm sorry the DWP staff member didn't understand about anxiety, but the questionnaire will give you more chance to explain what's going on. If you feel you have got worse, or you have a new condition, then ESA is possible. 

You can't go back onto your previous ESA claim at the moment because you don't qualify for ESA whilst you're waiting for the appeal. That's because your appeal is about you missing the medical, not failing the medical.

However, it does sound like there is a chance you'll get ESA on the new claim, and as you've been told, it will be the same rate as JSA whilst you wait for another assessment. But you'll only get this ESA on the new claim if you are significantly worse (enough to be likely to pass the assessment) or you have a new condition. 

Hope this helps to clarify what is happening.

Will