Hi, my name Jane

Hi Babbs,

If you've just had your first refusal of ESA, then it is worth requesting a mandatory reconsideration (asking the DWP to look at it again). Do this as soon as you can. Don't be 'fobbed off' by a conversation with them, insist on getting a written notice of mandatory reconsideration.

In the meantime, it definitely isn't fraud to claim JSA. You can tell the Jobcentre about the fit note and explain that you need to restrict your work availability and work search due to your condition. Make it clear that there are jobs you wouldn't be able to do, and that because you care for your daughter, there's a limit on your hours and how far you can travel, too.

Even though you can't hoist and dress your daughter you may still be caring for her for more than 35 hours a week. If she is on DLA care component (high or middle rate) or PIP daily living component (any rate) you could claim Carer's Allowance and Income Support instead of JSA. 

If the mandatory reconsideration of your ESA isn't successful you might want to consider appealing. However, before you do that, I would have a think about whether you can claim IS instead. Even if you can't do all the things for your daughter that you used to do, I'm sure you still spend a lot of time caring for her.

You could also consider whether you can claim PIP for yourself. If you claim Housing Benefit and/or Council Tax Reduction, remember to keep the council informed of all the benefits you're claiming. And do post back here to tell us more or ask further questions. We're here to do as much as we can to help.

Will