To claim JSA during ESA appeal or not?

SJI85

I recently submitted my ESA appeal and I'm awaiting a tribunal date. During the MR stage I claimed JSA.


I am still claiming JSA, but it's causing a multitude of problems. I understand that I can claim ESA at the assessment rate during the appeal process. However, I'm unsure whether to do this or not. I would be approx. £30 a week worse off by claiming ESA at the assessment rate, than I would be were I to continue claiming JSA (I receive the SDP for JSA, so receive £167 a week).


I know this will be backdated should my appeal be successful and I'm given the WRA Group payment.


Would I be disadvantaging myself by claiming JSA instead of ESA during the appeals process? Could this be used against me in the Tribunal?


Finally, how do I reclaim ESA? By phoning the enquiry line informing them I intend to claim during the appeal process (and then provide a fit note?)


Thanks for any help.

rogerblack

The pure fact you have claimed JSA cannot be taken against you.
If, for example, you've been doing things reliably, safely and without worsening your condition for JSA that you have claimed you can't do on your ESA submission, then yes, that may be an issue.

You will be required to supply a fit-note, yes, if you re-claim ESA during this period.

SJI85

Thanks. The main descriptors relevant to my conditions are getting about, social contact and change in routine. My JSA appointments have been on better days mostly, however there have been some appointments where I have needed a relative with me because of anxiety. There was a one week period where I was so unwell I could not jobsearch or leave my flat at all. So I don't think I've been doing anything which contradicts my ESA appeal.


My JSA claim has been disrupted by the aforementioned period of illness following which my claim was closed (as the self cert form was not received), and it's taken eight weeks for the backdated claim to be processed (meaning no JSA during this entire time). Rather than working against me, I hope this will work in my favour, as my condition has deterioriated as a result of this.


Does the fit note need to be dated from the date I contact the ESA enquiry line? As I may not be able to get an appointment (and therefore fit note) for a week. The GP will not backdate it.