We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
ESA Tribunal - what happens after?
nezza
Posts: 71 Forumite
I have my hearing on the 15th & would like to know what will happen of the tribunal reject my appeal.
Will my claim for ESA cease immediately or at the end of my current sick note?
If I loose the appeal & go directly to the jobcentre, can I claim JSA from that date????/
Cheers, Nez
Will my claim for ESA cease immediately or at the end of my current sick note?
If I loose the appeal & go directly to the jobcentre, can I claim JSA from that date????/
Cheers, Nez
0
Comments
-
It will end immediately. You will need to claim JSA.Gone ... or have I?0
-
I have my hearing on the 15th & would like to know what will happen of the tribunal reject my appeal.
Will my claim for ESA cease immediately or at the end of my current sick note?
If I loose the appeal & go directly to the jobcentre, can I claim JSA from that date????/
Cheers, Nez
The ESA claim will cease after the decision is made - not when the sick note runs out.
If it has been more than 6 months since you received the original failure letter following the ATOS assessment you can put in a new claim for ESA using the same illness. You may need to get a new sicknote though.
If it isn't 6 months yet, then you can only reclaim ESA for a different illness or a deterioration of an existing one. Some GP's just put the same illness but write next to it - 'deteriorated'.
You can of course claim JSA and actively look for a job, but you can only do that if you are genuinely not ill.0 -
oldestrocker wrote: »You can of course claim JSA and actively look for a job, but you can only do that if you are genuinely not ill.
As you well know, that is wrong. If the SoS has deemed you fit for work, you may claim JSA.Gone ... or have I?0 -
If you have a current sicknote does that not mean you are unfit for work, if so, how can you claim JSA?0
-
celinepatricia wrote: »If you have a current sicknote does that not mean you are unfit for work, if so, how can you claim JSA?
The med cert states that in the opinion of your GP you are unfit for work. The opinion of the SoS is different, and it is the SoS who ultimately makes benefit decisions.Gone ... or have I?0 -
What is an sos and why is their opinion better than a GP?0
-
celinepatricia wrote: »What is an sos and why is their opinion better than a GP?
The SoS is the Secretary of State. Their opinion is not necessarily better, but is more relevant as they head up the govt dept which issues the benefit.Gone ... or have I?0 -
The med cert states that in the opinion of your GP you are unfit for work. The opinion of the SoS is different, and it is the SoS who ultimately makes benefit decisions.As you well know, that is wrong. If the SoS has deemed you fit for work, you may claim JSA.
The SoS has deemed you fit for work under ESA criteria.
The Sos has NOT deemed you eligible for JSA criteria.
Unless there is a legislation that shows they can exempt someone from JSA criteria based on the SoS decision, then I can't see how it can be said you will automatically qualify for JSA?
The eligibilty for ESA and JSA are very very different.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
I have my hearing on the 15th & would like to know what will happen of the tribunal reject my appeal.
Will my claim for ESA cease immediately or at the end of my current sick note?
If I loose the appeal & go directly to the jobcentre, can I claim JSA from that date????/
Cheers, Nez
Is this your first appeal for this claim, ie what is the history?
If it is the first, then you may appeal the appeal if they made a error of law/procedural mistake etc.
It's worth seeking advice, as its a complex area, not always possible to go that route though.[greenhighlight]but it matters when the most senior politician in the land is happy to use language and examples that are simply not true.
[/greenhighlight][redtitle]
The impact of this is to stigmatise people on benefits,
and we should be deeply worried about that[/redtitle](house of lords debate, talking about Cameron)0 -
The SoS has deemed you fit for work under ESA criteria.
The Sos has NOT deemed you eligible for JSA criteria.
Unless there is a legislation that shows they can exempt someone from JSA criteria based on the SoS decision, then I can't see how it can be said you will automatically qualify for JSA?
The eligibilty for ESA and JSA are very very different.
In the eyes of the DWP, in terms of fitness for work, everyone qualifies for either ESA or JSA. If the JCP question a JSA claimant's fitness for work, the claimant simply needs to point out the fact that it is the DWP who has deemed them fit for work.
I wholly acknowledge that in reality things are not that black and white, but you cannot be refused JSA on grounds of incapacity if you have been found fit for work by the DWP.Gone ... or have I?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 354.4K Banking & Borrowing
- 254.4K Reduce Debt & Boost Income
- 455.4K Spending & Discounts
- 247.3K Work, Benefits & Business
- 604.1K Mortgages, Homes & Bills
- 178.4K Life & Family
- 261.6K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards