JSA to ESA complications

earthbound_misfit

I am asking this for a friend who has recently had what I suppose you'd call a breakdown after hiding his mental health problems for a long time. He's hearing voices as well as being severely depressed, anxious and paranoid when outside. (Sorry - that's just to make clear the severity before the workfare brigade start up!)
Now I thought I knew JSA and ESA inside out, but a ridiculous situation has emerged that looks like it is related to subtle new rules, but I can find any info so it might just be misinformation from the JCP advisor or Dr!

He has been claiming JSA but has missed appointments and clearly not been well when he has gone. So they are insisting he claims ESA instead.
He hasn't received the last 6 weeks JSA due to this, although they say they will give him this money once he gets officially signed onto ESA with a doctor's 'fit note'. They said he needs to get this note within 5 days to get the money.
However...
He went to the doctor's for the first time about his mental health yesterday, and the doctor said they are no longer allowed to sign people off work for mental health problems - only the mental health team or a psychiatrist can do that now. He has an appointment next week which is a basic one to make a appointment for an in-depth assesment in a month or so. Apparently he cannot get the right person to write a sick note until this later appointment.
So he misses his last 6 weeks JSA as he cannot get the note in time, and in addition can't apply for ESA either for another month!

Any advice welcome, writing to MP is certainly going to happen but wondered if there was any immediate practical advice or if anyone knows more about the legislation...?
Thanks MSEers

ps. his family will support him but it is not the most helpful to his mental health to be in this position. I am providing train fares so he can come and spend time with his very supportive but poor friends.

mazza111

The GP can sign him off with MH problems. Especially as their is a wait to see some MH teams. Unless of course it's a new thing they are trialing in the area.

princessdon

Interesting

It appears that your friend and the JSA advisors have decided his is unfit for work (which is probably correct based on your information) but this is without medical proof.

The GP won't sign off (maybe that is their surgery rule as they don't have the training) so needs to wait till a specialist.

Seems bizzare to me.

My GP doesn't "treat me" for my illness (don't think I have even met them more than 5 times in my life), but if they initially referred. So either GP's are wasting tax payers money and referring a fit person - or they acknowledge they are ill by doing the referral.

I know I haven't answered your question - just seems to be a very strange situation. Have they tried the practise manager from their GP?

earthbound_misfit

Thanks for replies - I'm hoping he can make it here today so we can call JCP, the mental health team and the practice manager's a good idea too.

mazza111

I certainly agree it's a bizarre situation. Especially as he's hearing voices, surely this would qualify for emergency mental health treatment? I really think he should have someone go to the GP with him and explain this all out to the GP or see if you can get in touch with the emergency MH team.

earthbound_misfit

Unfortunately I could not go to the GP with him as he is afraid of upsetting his family as he didn't want any of them to go with him. The GP sounded quite helpful really, but the mental health team are spectacularly useless. Especially the emergency 'crisis team' who do not seem to give two hoots about anyone. The fact that he has an appointment next week shows he is being treated as an urgent case, and a month for a full assessment is also very quick (I waited MONTHS when it was me). Looks like he missed the JSA deadline too, apparently the 5 days started last week... do you think he might be able to backdate the ESA claim?

rogerblack

You can backdate a ESA claim, yes, and you should do this if it is at all possible, as it has a number of advantages.

This can be done up to three months, with a backdated doctors note.
You are paid the backdated assessment rate for the 3 months immediately.
You are paid the support/work-related component backdated to 13 weeks after the backdated start of claim (so, to about when you put in the application, if a 3 month backdate) when you are granted ESA, and put into a group.

Backdating can also make you eligible for cold weather payments, over that time, though this seems unlikely at this time of year

earthbound_misfit

Thanks for the replies... the latest is here: https://forums.moneysavingexpert.com/discussion/comment/55172089#Comment_55172089