PIP Re-Assessment says I'm ok to start work again, can I put in a Sick Note from Doc?

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B0R099
B0R099 Posts: 5 Forumite
edited 16 April 2017 at 8:54PM in Disability money matters
Hello, I was wondering if anyone could offer me advice - I've just has my ESA re-assessment and have been told I'm now fit for work and have to attend a new JSA claim interview next week as my points have dropped from 12 to 6 points - I have asked them to re-look into this but I'm not holding out great hopes.
I was wondering if I could go to doctors and get them to issue me a new sick note?

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  • poppy12345
    poppy12345 Posts: 17,963 Forumite
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    B0R099 wrote: »
    Hello, I was wondering if anyone could offer me advice - I've just has my PIP re-assessment and have been told I'm now fit for work and have to attend a new JSA claim interview next week as my points have dropped from 12 to 6 points - I have asked them to re-look into this but I'm not holding out great hopes.
    I was wondering if I could go to doctors and get them to issue me a new sick note?
    You're confused because PIP isn't about being unfit for work, PIP is a benefit for disabled people that have difficulty in life. Some claim PIP and work.
    ESA is for those unable to work or who have a limited capability for work.
    If it was really a PIP re-assessment then a DR's fit/sick note won't help you and JSA has nothing to do with this. Please take another look at the letter and double check because you're getting confused.
  • B0R099
    B0R099 Posts: 5 Forumite
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    Yes your right I'm sorry, it's ESA I was on but the question still stands, I've edited my op but I'm unable to change the topic, thank you for the prompt response.
  • poppy12345
    poppy12345 Posts: 17,963 Forumite
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    You'll need to ask for a Mandatory Reconsideration (MR) first but in the meantime you'll have to claim JSA. If the MR decision remains the same and you decide to take it to Tribunal Appeal you'll then be able to go back onto Assessment rate ESA. Everything is explained here in this link. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/esa-money-and-benefits-during-reconsideration/
  • B0R099
    B0R099 Posts: 5 Forumite
    edited 17 April 2017 at 12:46AM
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    Thanks alot poppy the link you sent me really helped and was very clear and concise. I appreciate your help so much. :)
  • fredandwilma
    fredandwilma Posts: 1,251 Forumite
    Chutzpah Haggler I won, I won, I won! Rampant Recycler Debt-free and Proud!
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    B0R099 wrote: »
    Yes your right I'm sorry, it's ESA I was on but the question still stands, I've edited my op but I'm unable to change the topic, thank you for the prompt response.


    To change the topic, when editing your post, click on "go advanced" at the bottom of the box, and this will allow you to edit the topic, too.

    hth

    f&w
    Fred - Where's your get up and go?

    Barney - It just got up and went.


    Carpe diem
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    You need to attend your first interview for JSA and be accepted for JSA.

    You must not say that you are unfit for work as you have been found fit for work.

    After you have attended this first interview and completed your job seekers agreement then you can send them a fit note from your doctor. Make sure that the fit note does not start until you have been accepted for JSA.

    You can have an extended period of sickness for up to 13 weeks this way. Hopefully you will then be going to the appeal tribunal and go back on the assessment rate of ESA or your mandatory reconsideration will have changed the decision.

    QUOTE

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/470857/v4am47.pdf - and it states:

    Extended period of sickness
    20972 In addition to the two short periods of sickness (see DMG 20961), a claimant can
    also be treated as capable of work/not having LCW for an extended period of
    sickness of up to 13 weeks.
    20973 This extended period of sickness applies to a person who
    1. has been awarded JSA
    2. proves to the DM that they are unable to work because of some specific
    disease or disablement and
    3. either
    3.1 declares that they have been unable to work or expects to be unable to
    work for more than 2 weeks but does not expect to be unable to work
    because of that disease or disablement for more than 13 weeks or
    3.2 is a person who has already had 2 short periods of sickness within the
    current JSP or 12 months where the JSP exceeds 12 months
    4. during this period, satisfies the requirements for entitlement to JSA other than
    those to be available for and actively seeking employment and capable of
    work or not having LCW and
    5. has not stated in writing that they propose to claim or have claimed ESA or
    UC for that period.

    Sounds you can claim JSA and be on an EPS if you are in MR period, during which time, by definition, you cannot be an ESA claimant.
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
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    Re your ESA appeal, some info here -
    This is a pro-forma for your Mandatory Reconsideration:
    https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

    Don't expect the DWP to change their decision at MR stage (unless you are able to send compelling medical evidence with the MR).

    Here are the ESA activities, descriptors and points:
    https://www.sense.org.uk/content/esa-descriptors-determine-whether-you-have-limited-capability-work

    Here are useful guides to appeals:
    http://www.advicenow.org.uk/guides/how-win-pip-appeal (It relates to PIP, but the appeal process is virtually the same).
    http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals
    https://www.leicester.gov.uk/media/182136/employment-and-support-allowance-appeals-guide.pdf
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

    I would suggest getting help with the appeal from your local CAB / advice agency.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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