Failed WCA - how to claim JSA and request medical report?

SJI85

Hi all,


As expected, after a very flawed and unfair WCA, I've been found fit for work. I intend on asking for a Mandatory Reconsideration and supply fresh medical evidence, ideally including a psychological report (if I am diagnosed with Autism following next week's assessment - something that was not explored in the WCA).


Obviously I now need to apply for JSA while awaiting the outcome of the MR. Do I just apply for JSA as normal, or does it need to be known that I am applying while asking for a MR of the LCW decision?


I'm also concerned that applying for JSA will work against me, as a central point in my "appeal" is that I am not fit enough to sign on JSA and undertake the job searching activities that a JSA claimant is normally expected to do, without it causing me significant distress. I am experiencing increasingly strong suicidal thoughts and now from past experience how unsupportive and harsh JCP can be. Should I have a repeat of last year's events I fear it may be the straw that breaks the camel's back.


Secondly, how do I request a copy of the medical report? Do I just phone the ESA number?

Dan27

I would put a claim in JSA online and mention all the above when you go to the Job Centre to complete your claim. The Job centre staff are trained in all this surely and should be able to point you in the right direction. In the meantime I dont suppose it would hurt to contact the dwp and ask them relevant questions to what your referring to. I also think the citizens advice bureau may be of some help to you. Most of all Stay calm and don't panic. There are more than likely people in worse situations than yourself although it may not seem that way. Best of luck

Poppie68

Ask to speak to a disability advisor at the job centre they are there to deal with jobseekers like yourself and will be able to advise you appropriately.

SJI85

Dan27 wrote: »

I would put a claim in JSA online and mention all the above when you go to the Job Centre to complete your claim. The Job centre staff are trained in all this surely and should be able to point you in the right direction. In the meantime I dont suppose it would hurt to contact the dwp and ask them relevant questions to what your referring to. I also think the citizens advice bureau may be of some help to you. Most of all Stay calm and don't panic. There are more than likely people in worse situations than yourself although it may not seem that way. Best of luck

Thanks. I volunteer as a Samaritan so well aware that there certainly are people a lot worse off. I don't think being on JSA will be an issue in the short term. Should the MR fail, and I need to go through the appeal process, that might be a different story.

Poppie68 wrote: »

Ask to speak to a disability advisor at the job centre they are there to deal with jobseekers like yourself and will be able to advise you appropriately.

Thanks. I've only ever had experience with one disability advisor in the past, and it was a negative one, though I doubt she's typical. I'm not sure the advisors can really offer the support I need, and it's the re-referral to the Work Programme provider (who are outside the control of JCP) which worries me most. But we'll see. Hopefully the MR will come back in my favour before all this.

Robbie64

SJI85 wrote: »

Secondly, how do I request a copy of the medical report? Do I just phone the ESA number?

You just need to phone the ESA number and ask for a copy of the ATOS (or whichever company undertook the face to face assessment) report. The medical advice report is completed on form number ESA85 and it is this you need to request.

pmduk

Once you've appealed you'll be paid ESA at the appeal rate (which is the same as JSA). This appeal rate lasts until the appeal process is over. You've noticed the obvious flaw in claiming JSA - you're claiming to not be available for work through sickness and therefore can't legitimately claim JSA

pmlindyloo

pmduk wrote: »

Once you've appealed you'll be paid ESA at the appeal rate (which is the same as JSA). This appeal rate lasts until the appeal process is over. You've noticed the obvious flaw in claiming JSA - you're claiming to not be available for work through sickness and therefore can't legitimately claim JSA

Just to add that this is not strictly true although, obviously, to us it seems a contradiction.

You have been 'found fit for work' by the powers that be and therefore you can legitimately claim JSA.

Just make sure that you do not present your fit note from the doctor to the Job Centre - this will confuse them

rogerblack

pmduk wrote: »

Once you've appealed you'll be paid ESA at the appeal rate (which is the same as JSA). This appeal rate lasts until the appeal process is over. You've noticed the obvious flaw in claiming JSA - you're claiming to not be available for work through sickness and therefore can't legitimately claim JSA

This is wrong in several aspects.

Firstly - the payment of ESA happens at the soonest once the DWP has completed the mandatory reconsideration, sent a mandatory reconsideration notice to the claimant refusing this. The claimant then sends the notice to the tribunals service, and then the tribunals service notifies the DWP that an appeal has been lodged.

Secondly - claiming JSA is proper - as you have been found fit.
This overrides any view of your doctor, for example, and they must treat you as fit for work from a JSA perspective.
You can only be denied JSA by refusing to comply with the process. (in theory at least).

SJI85

Thanks all. I've requested the ESA85 and begun my claim for JSA. I have my new Jobseeker interview booked in for tomorrow.


Now it's time to analyse the report (once it's received), prepare a letter, and send in new medical evidence. Here's hoping the Autism assessment next week brings something I can use too.


I do expect that by the time this reaches a conclusion I'll be fit enough for work anyway! Though at least if it ends in my favour it will mean I receive the backdated ESA payments.

pmduk wrote: »

Once you've appealed you'll be paid ESA at the appeal rate (which is the same as JSA). This appeal rate lasts until the appeal process is over. You've noticed the obvious flaw in claiming JSA - you're claiming to not be available for work through sickness and therefore can't legitimately claim JSA

Well I have been found fit for work (by a flawed process, and by a medical professional who does not know me, but officially I'm still fit for work) so will have to claim JSA and can legitimately do so. Nevertheless, I'm going to have be been insistent that I cannot spend the 40 hours a week jobsearching, and work 35 hours a week. When it comes to forming my Jobseekers Agreement I am hoping the Adviser will be reasonable and stipulate at most 30 hours jobsearching a week, and look for jobs of 16 - 20 hours a week (even that might be too much, but I'm willing to look and apply for them and see what happens). So we'll see..

SJI85

This may seem like a stupid question, but it is possible to send a letter request a mandatory reconsideration, and outlining my reasons for this request, but not provide additional medical evidence until a week or two later - providing this is all done within that first month of the decision being made?


For anyone interested I scored 6 points, which was only because of my seizures. There were also some errors in the ESA85, including the statement that I'm not on medication for my mental health (The same medication that manages my epilepsy also acts as a mood stabiliser). This was information I conveyed to the assessor quite clearly, so casts significant doubt on how well I was listened to and observed.

SailorSam

I failed an Atos medical and had to sign-on for JSA i think it was last October, i asked to see a disability advisor and she has been really good with me, i still need to go on their job search website but i'm not getting any pressure put on me up to now. She has told me that even those 'on sick' are being called in.
Last time i went to sign-on my advisor said she thought it may help me to update my computor skills and has arranged that i go on a Course, not sure yet what it involves but the guy i spoke to said the cost was £800, but 'cos i was getting Jsa it would be free.