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Advice on jsa please ?

124

Comments

  • dookar
    dookar Posts: 1,654 Forumite
    And a decision maker is compelled to take into account the doctors expert opinion. This is about benefit rules, not life coaching or any other random stuff you've mentioned.

    However it comes into existence, testimony from a Dr that (s) he advised the claimant to give up their job wool be given a great deal of weight by the dm
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    Well OK.

    As it is the OP is pretty clear they will be leaving, so they might as well give it a try.

    However, if the OP doesnt get JSA or gets some sort of sanction then thats fine too as of course the OP now knows there is a risk that they may not get JSA.

    Better advice is to try to find a job before they hand in their notice, or to arrange for restricted duties until they can find something else.
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • Lady_gaga
    Lady_gaga Posts: 1,219 Forumite
    dookar wrote: »
    And a decision maker is compelled to take into account the doctors expert opinion. This is about benefit rules, not life coaching or any other random stuff you've mentioned.

    However it comes into existence, testimony from a Dr that (s) he advised the claimant to give up their job wool be given a great deal of weight by the dm

    There is absolutely no way the GP can know that the OP's stress is singularly caused by his job, end of. To say they could is completly wrong. All the GP has to go on is what the OP has told him. The GP can treat him for stress but thats all.
    How do we know it isn't the newborn that's causing him stress for example? it happens, I'm not saying it is, but there is just no way telling all the factors that could be involved, work MAY be a contributory factor but how does the GP say for definate?

    It would be different if he had repetitive stress for example as there would be symptoms
  • dookar
    dookar Posts: 1,654 Forumite
    None of that is relevant, if you want to discuss that then you should go to a doctors message board, this one is about benefit rules.

    Fact is doctors do advise people to leave their jobs and that advice is very important when claiming benefits
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    Can you tell us Dookar where it says that a GP can tell/ advise a patient to resign?

    I am looking through http://www.dwp.gov.uk/docs/fitnote-gp-guide.pdf
    Addressing work issues during
    consultations
    Addressing work issues can be challenging as patients may
    have a pre!conceived idea that they need to refrain from work
    to get better. Often this is not the case and you may want to
    discuss:
    • the health benefits of work, including that work:
    – is therapeutic and can help promote recovery and

    rehabilitation;

    – improves quality of life and wellbeing; and
    – is central to the individual’s identity and social status.
    • the adverse effects of worklessness on health, which
    include;
    – higher mortality and poorer physical and mental health;
    – greater chances of the individual and their family being in
    poverty; and
    – increased risk of social exclusion.
    • the obstacles to returning to work and what could be done
    to overcome them, such as:
    – a phased return to work;
    – altered hours;
    – amended duties; and/or
    – workplace adaptations.
    Where in discussion with your patient you feel work itself may
    be a contributor to your patient’s condition or you feel the
    issues are complex, you may wish to include in your comments
    a recommendation that an occupational health assessment be
    considered. Where work is a contributor to the health!
    ! ! !
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    8
    | Statement of Fitness for Work
    condition, resolution of work issues may be necessary before a
    return to work is appropriate
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • pmlindyloo
    pmlindyloo Posts: 13,100 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP have a look here for an overview:

    http://www.tuc.org.uk/extras/jsasanctions.pdf

    I do think some people have been really unkind. We have no idea how the OP is feeling. We are all different and deal with things in different ways. I certainly know that telling people who are depressed/extremely stressed to 'man up, return to work, get off your backside and look for a job' doesn't help.

    Give the man some slack.

    We are here to give straightforward advice about benefits. Yes, personal experiences can help but not some of the comments that have been made.

    The OP obviously cannot face returning to his job. So he has a choice. Remain 'sick' and go on to SSP (or whatever he is contracted to receive - sorry. not sure) and wait to see what his employers do. (OP, you may want to repost on the employment board for help here)

    or

    Apply for JSA and possibly be sanctioned.

    The OP will be able to apply for Hardship Payments (if he is sanctioned) and will also be entitled to apply for HB and CTB. He should inform Tax Credits of his change of circumstances.
  • Lady_gaga
    Lady_gaga Posts: 1,219 Forumite
    dookar wrote: »
    None of that is relevant, if you want to discuss that then you should go to a doctors message board, this one is about benefit rules.

    Fact is doctors do advise people to leave their jobs and that advice is very important when claiming benefits

    If you say so
  • dookar
    dookar Posts: 1,654 Forumite
    lynzpower wrote: »
    Can you tell us Dookar where it says that a GP can tell/ advise a patient to resign?

    Nope, mainly because this isn't a health/GP board, but I can tell you where it says its the best evidence:
    Claimant's health
    34356 If a claimant's employment was
    1. beyond their physical or mental capacity or
    2. so harmful to their health that it was unreasonable to expect them to stay
    there until they had other jobs they have just cause for leaving it.
    34357 The best evidence is confirmation from the claimant's doctor that
    1. the work was harmful to the claimant's health or
    2. the doctor advised the claimant to leave

    http://www.dwp.gov.uk/docs/dmgch34.pdf
  • poves
    poves Posts: 27 Forumite
    Being unfit for work isn't the same thing as being unfit for job hunting. If your stress is work related then it should've stopped in the 10 weeks you've been off; if it didn't, it was likely to have been caused by something other than work.

    I planned on going back initially , but over the last few weeks it's dawned on me that things won't improve , and I'll end up the same or worse if I return .
  • poves
    poves Posts: 27 Forumite
    edited 3 October 2011 at 6:08PM
    pmlindyloo wrote: »
    OP have a look here for an overview:

    http://www.tuc.org.uk/extras/jsasanctions.pdf

    I do think some people have been really unkind. We have no idea how the OP is feeling. We are all different and deal with things in different ways. I certainly know that telling people who are depressed/extremely stressed to 'man up, return to work, get off your backside and look for a job' doesn't help.

    Give the man some slack.

    We are here to give straightforward advice about benefits. Yes, personal experiences can help but not some of the comments that have been made.

    The OP obviously cannot face returning to his job. So he has a choice. Remain 'sick' and go on to SSP (or whatever he is contracted to receive - sorry. not sure) and wait to see what his employers do. (OP, you may want to repost on the employment board for help here)

    or

    Apply for JSA and possibly be sanctioned.

    The OP will be able to apply for Hardship Payments (if he is sanctioned) and will also be entitled to apply for HB and CTB. He should inform Tax Credits of his change of circumstances.

    Thanks for your unbiased advice - That's all I asked for .
    The new baby is irrelevant to my condition , done it twice before .
    And for the record I'm getting just under £82 pw ssp .
    It's not about the money , and the rush rush rush - I just want to be able to sleep at night , stop for some lunch during the day ( and maybe find a bathroom ) And not be treated like muck ! That would be a small start .
    It's easy to make wise comments when your ok yourself , People come on these forum's for some support - not to have the law laid down to them by people who have no idea what a hard day's work is.
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