ESA & Job Seekers

angiebhfx

Can I ask. If you fail the ESA medical does this mean you go into the work supported group of ESA or do you have to claim JSA? (I have depression and anxiety caused by work related stress)

I am quite happy to go into the work related group as I do want to get better and eventually return to work.

I am however very apprehensive about been told to claim JSA. I can't cope with that pressure at the moment.

Also if I have to go on JSA will my claim go from my the first date of my ESA which was 26 Jan 2010. So they say tomorrow go on JSA will I be entitled to claim benefit up to 26/07/2010 or will my 26 weeks run from tomorrow.

Thanks

Angie

Indie_Kid

If you into the work related group, you've got enough points to have limited capacity for work; but with some help and support, you could prehaps go back to work.

angiebhfx

So if you fail your medical do you go into this group or do you have to apply for JSA

Indie_Kid

You don't go into either of the groups if you don't get the 15 points. You either appeal or go on to job seekers.

angiebhfx

I see, Thanks

angiebhfx

So will I be entitled to JSA for 26 weeks from the date that I am told that I failed or will my claim for benefit go from the date I first made my claim for benefit 26/01/10?

speedfreek1000

No they are separate/different benefits.

If you claimed ESA on 26/01 you will receive ESA @ the assessment rate £65 until a decision is reached. As long as you provide doctors notes (sick/fit lines) to cover you this will be paid from day 1 of the claim.

Normally decisions are reached based on the 27 page IB50 form you are sent (around week 3/4) to fill in followed by a medical with ATOS (around week 10-13 may be later)

If you score enough points on the medical (pass it) you are then you will be placed into either the support or work groups. When this happens you go onto a higher rate (around £90 ) which is paid from (backdated to) week 13 from the initial date of your ESA claim.

If you fail the medical you have 2 options;

1, Apply for JSA - this would start from when you apply for it... so from the date your ESA claim was decided and refused.

2, Appeal the ESA decision - as soon as you appeal ESA is reinstated at the assessment rate until the appeal is heard and decided. If they decide in your favour it's the same rules as the medical on groups and payment from week 13.

If you do appeal (and I'd advise you too) get help from the local CAB and Welfare Rights who can help with form filling and representation. You may also be able to claim DLA depending on how much the anxiety/depression is effecting you.

Edited to add You will have to continue to provide doctors notes to cover you until a new decision is made.

If you need more info have a read of Chapter 41 & 42 about ESA on the DWP website http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/#vol4

Good luck and get some back up from the above and you'll be grand :j

angiebhfx

Thank you speedfreek1000 a very helpful response.

I have rung pathways to do some work with them anyway. I am going for an interview with them tomorrow.

Again Thanks

Angie