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Wrong advice

I want to help my friend, as she is overly stressed with her current situation.

She was on ESA. Then failed medical, then told to go on JSA and appeal at same time.

However, she was advised that she would have to reclaim ESA. She is at the end of her tether. She followed advice, and has now been told to go through it all again because the DWP said they have closed the ESA claim due to her starting a claim for JSA.

Her appeal for ESA has been placed.

Any idea of where she stands?

I feel really sorry for her as she is stressed up to 99. One more notch and she'll be at boiling point.
Invented tradition: Couponology

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Comments

  • Claiming JSA while appealing an ESA decision is the norm and indeed common practice. Did she formally appeal in writing or did she believe that by switching her claim, that would in itself constitute an appeal? You have one month to appeal any decision.

    I think she needs a specialist worker to get her though the system - someone who deals with casework and appeals on a daily basis, maybe CAB or your local DIAL if you have one.
  • I've tried to brush up on this by reading the Internet, and is the JSA + claim applicable to the previous Incapacity Benefit, and for ESA it is just to appeal and nothing more.

    For a DWP Advisor to say just to start another ESA claim, something is very wrong with the advice she's been given. I might be wrong.

    The stress that ESA is placing on ill people is unbelievable.
    Invented tradition: Couponology

    Fancy title: Couponologist

    Motto: Because I have conviction doesn't mean I'm a convict :D.
  • Btw, the appeal is in writing and has been placed well within the month.

    She did everything as she was asked.
    Invented tradition: Couponology

    Fancy title: Couponologist

    Motto: Because I have conviction doesn't mean I'm a convict :D.
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    I've tried to brush up on this by reading the Internet, and is the JSA + claim applicable to the previous Incapacity Benefit, and for ESA it is just to appeal and nothing more.

    For a DWP Advisor to say just to start another ESA claim, something is very wrong with the advice she's been given. I might be wrong.

    The stress that ESA is placing on ill people is unbelievable.

    The normal procedure when appealing against a failed ESA claim is to claim ESA at the assessment rate whilst appealing.
  • cozza
    cozza Posts: 502 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I was in the same situ .
    I got turned down and was told to claim Income support But i claimed ESA again while my appeal went throw , mind you they stopped my ESA with out telling me so i had to go 4 wekks with no money as couldnt get through on the phone it was so busy .

    My appeal got turned down as well ?
    so now im at the tribunal stage when i go on 7/7 so dont know wot will happen there ?
    they most prop turn me down again as i am going on my own as i got no won to help me CAB gave me a load of crap they are not quite sure on ESA as they have so many complaints about it other benefits there are good on . And the info on ESA and going to the tribunal is very spars
    cozza
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