Switching to ESA

Gaz1971

I have been claiming JSa for a while, now Im told Im on the wrong benefit and should be on ESA. Is it just a case of being assessed and then they decide what group you are in or is it possible they will say you are not eligible for ESA?

nannytone_2

it is possible to fail the medical and be refused ESA

HB58

nannytone wrote: »

it is possible to fail the medical and be refused ESA

True, although it is unlikely that would happen straight away.

OP, the usual situation is to claim ESA, back it up with a 'fit note', and get basic rate payment (which is the same as JSA) straight away. At some stage you will be assessed, some people are currently waiting a year or more for this, and could be found 'fit for work' and refused further ESA.

TELLIT01

If you have a medical certificate (fit note) you can claim ESA for the assessment period. That is supposed to be 13 weeks but the reality is that it can take much longer than that at present for a medical opinion to be given.

Gaz1971

So, if they decide your gp is wrong, you are left in limbo.

How often do people fail the medical?

TELLIT01

They aren't saying your GP is wrong, they are saying that you have the capacity to do some form of work. The bottom line is that ESA is all about finding out what people are capable of doing, not what their incapacity stops them doing.
For example, a back injury might stop a person from undertaking heavy manual work but they would still be capable of working in a shop.
You are not left in limbo either. If you can't claim ESA you would be able to claim JSA.
I can't give you a percentage figure for failing the medical but it is certainly a possibility.

paragon909

Gaz1971 wrote: »

So, if they decide your gp is wrong, you are left in limbo.

How often do people fail the medical?

ESA isn't like incapacity benefit where if your doctor said your not fit to word thats the end of the story, Now it's what work you can actually do while being sick rather than getting money for nothing really.

Quite a ridiculous system DWP admit this themselves as do other services like citizens advice.

Have you discussed with your doctor about getting a sick note or what illness do you have that your doctor will grant you one.

JaneDoeJohnDoe

JSA claimants commitment can be modified to take on board health issues. Eg, less hours of work, distance to travel to work etc

rogerblack

JaneDoeJohnDoe wrote: »

JSA claimants commitment can be modified to take on board health issues. Eg, less hours of work, distance to travel to work etc

As can universal credit.
It's not '35 hours minimum' for everyone - what work you are required to do will vary according to your claimant commitment - which again can be reduced by circumstances.

dibdabable

paragon909 wrote: »

ESA isn't like incapacity benefit where if your doctor said your not fit to word thats the end of the story, Now it's what work you can actually do while being sick rather than getting money for nothing really.

Don't know what Incapacity Benefit you are referring to here, but a sick note was never the end of it, WCA still happened and people still failed these WCA despite having a GP sick note. So to say people were getting money for nothing, is a bit of an insult and misinformed.

paragon909

dibdabable wrote: »

Don't know what Incapacity Benefit you are referring to here, but a sick note was never the end of it, WCA still happened and people still failed these WCA despite having a GP sick note. So to say people were getting money for nothing, is a bit of an insult and misinformed.

As I said, Incapacity benefit never had work capability assessments and was a completely different sickness benefit to what we have now, If a doctor said you were sick you were sick and didn't do ANY work.

Well people were abusing the incapacity benefit by getting a sick note for anything and staying on the sick for years, While esa doesn't have the luxury.... Just like PIP wont be plane sailing as DLA etc. I think it's called welfare reform since the tories came into power

I should know i've been through the system from JSA, Income Support, ESA and back and I know what struggles it it can be....