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If one fails ESA?

If one is ill, and makes a claim for ESA and is turned down (by ATOS), is then asked to make a claim for JSA.

When attending job interviews (if one gets any), can the one always be honest about their health (hospital consultants and GP, agree the claimant is ill and unfit for work), but ATOS are strict.

Would this be acceptable by DWP and still claiming JSA?
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Comments

  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    No, it wouldnt, if you are declaring yourself fit for work by claiming JSA then you are expected to follow through on that with interviews. Saying you are not fit for work in an interview will directly contradict your JSAg.
  • MrsManda
    MrsManda Posts: 4,457 Forumite
    If you are going to be telling potential employers you're not fit to work then you are not jobseeking. If you think you are not fit for work and are found fit for work by ESA you should appeal.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
    Part of the Furniture 500 Posts Name Dropper
    NASA wrote: »
    No, it wouldnt, if you are declaring yourself fit for work by claiming JSA then you are expected to follow through on that with interviews. Saying you are not fit for work in an interview will directly contradict your JSAg.

    The one isn’t declaring him/herself fit for work, as they have been turned down by ATOS, they have no choice but to claim JSA.

  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    tazwhoever wrote: »
    The one isn’t declaring him/herself fit for work, as they have been turned down by ATOS, they have no choice but to claim JSA.
    I know its really silly but you have to appeal. How they find some of these people on here fit for work is frighting. (you must follow the computer program like little robots)
  • tazwhoever wrote: »
    The one isn’t declaring him/herself fit for work, as they have been turned down by ATOS, they have no choice but to claim JSA.

    Whether you feel you have a choice or not, by signing a jobseekers agreement you are agreeing you are fit for work, therefore you must abide by the rules, ie seek work, to be entitled to payment.

    If you have a disability and declare it to your adviser you can restrict the type of work and travel time but to claim JSA you must be capable of some type of work.

    If you are not fit for work you are on the wrong benefit and as previously stated you should appeal ESA decision.
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    tazwhoever wrote: »
    The one isn’t declaring him/herself fit for work, as they have been turned down by ATOS, they have no choice but to claim JSA.
    Sorry, but by claiming JSA you are signing up to a document that says you are fit and available for work, so you are indeed declaring yourself fit.

    As the poster after me said - if you are still unfit for work then appeal the ESA disallowance within a month of being disallowed.
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Let say you have severe depression and ATOS still find you fit for work and you are forced to claim JSA there is nothing to say that you cant tell the interviewer that you have severe depression because your not lying. Not many firms would take you on.
  • Lady_gaga
    Lady_gaga Posts: 1,219 Forumite
    dave030445 wrote: »
    Let say you have severe depression and ATOS still find you fit for work and you are forced to claim JSA there is nothing to say that you cant tell the interviewer that you have severe depression because your not lying. Not many firms would take you on.


    Nobody is ever forced to claim anything...
  • dave030445
    dave030445 Posts: 1,001 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Lady_gaga wrote: »
    Nobody is ever forced to claim anything...
    dont get silly you know what I mean
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
    Part of the Furniture 500 Posts Name Dropper
    NASA wrote: »
    Sorry, but by claiming JSA you are signing up to a document that says you are fit and available for work, so you are indeed declaring yourself fit.

    As the poster after me said - if you are still unfit for work then appeal the ESA disallowance within a month of being disallowed.

    NASA – I totally agree with you on most replies, and I think we have misunderstood each other on this one, for my colleague.
    Thank you for your reply.
    dave030445 wrote: »
    Let say you have severe depression and ATOS still find you fit for work and you are forced to claim JSA there is nothing to say that you cant tell the interviewer that you have severe depression because your not lying. Not many firms would take you on.

    Dave – Thank you for your reply, and at least you have come up with an illness, which may not be picked up by a Healthcare professional in 30mins!!!
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