Mandatory reconsideration then get a job

Newman2

If you fail the WCA and then claim JSA (which you have to if you want any money) what happens if you ask for a mandatory reconsideration and that overturns the original decision but in the meantime you get a job through your applications? Would the ESA payments still be backdated for the period you were looking for work? Would you be put on to ESA and then have to sign off it to start work?

[Deleted User]

So you're not unable to work?

Newman2

When I had the WCA I felt that the condition I have would prevent me getting work or if I did get work may see me losing my job and I still think that. If you got a job though would you take it up and hope for the best? If you didn't surely you would be sanctioned. Normally from a mandatory reconsideration, if you passed it then you would get backpay but I don't know how it works if you then started work either before the decision or after it. Sounds strange I know but surely others have had this situation before?

nannytone_2

its unlikely to happen.
mandatory reconsiderations usually take between 2 to 4 weeks.
you would make an initial appointment for JSA and attend a JC interview.
this will take a week.
the chances of you finding a suitable job, applying, attending and interview and then being offered a job in the intervening 1 to 3 weeks would be slim.
job centre staff make huge allowances in regard to job seeking for those waiting for an ESA MR, so it isn't that big a concern.

it is a concern though, that you feel that you COULD attempt some kind of work.
at any interview, you should be frank and honest about your health issues, and if they concern the employer as much as they concern you, then you wouldn't be offered the position anyway

pmlindyloo

Newman2 wrote: »

If you fail the WCA and then claim JSA (which you have to if you want any money) what happens if you ask for a mandatory reconsideration and that overturns the original decision but in the meantime you get a job through your applications? Would the ESA payments still be backdated for the period you were looking for work? Would you be put on to ESA and then have to sign off it to start work?

To actually answer your question the ESA would be backdated to the 14th week of your claim minus the amount of money that you received when claiming JSA. You would have to end your ESA claim and let them know what date you started work.

As said, this is very unlikely to occur as mandatory reconsideration does not take very long.

densol_2

nannytone wrote: »

its unlikely to happen.
mandatory reconsiderations usually take between 2 to 4 weeks.
you would make an initial appointment for JSA and attend a JC interview.
this will take a week.
the chances of you finding a suitable job, applying, attending and interview and then being offered a job in the intervening 1 to 3 weeks would be slim.
job centre staff make huge allowances in regard to job seeking for those waiting for an ESA MR, so it isn't that big a concern.

it is a concern though, that you feel that you COULD attempt some kind of work.
at any interview, you should be frank and honest about your health issues, and if they concern the employer as much as they concern you, then you wouldn't be offered the position anyway

Not as easy in practice though ! The ESA interview appears the same as PIP - which is not really for mental health conditions ( for example ) - more for physically impared. My GP and psychiatrist say I cant work at the moment - if ESA say I can ( as they apply PIP descriptors ) where does that leave me ? Forced to worked even though I cant - so I'll force myself to work and get more ill else I'll loose my house. Its a viscious circle and I have sympathy for the OP

nannytone_2

PIP descriptors and ESA descriptors are almost completely different.
PIP is about care and mobility needs.
ESA is about the things you CAN do ( as opposed to the things you cannot)

if they turn down you claim as mandatory reconsideration, you then have the option to appeal. at this time they will reinstate the assessment rate of ESA.

there are whole sections of ESA and PIP forms that are exclusively designed for those with mental health problems.

i think you are jumping the gun and getting wound up by something that may never happen

scootw1

nannytone wrote: »

its unlikely to happen.
mandatory reconsiderations usually take between 2 to 4 weeks.
you would make an initial appointment for JSA and attend a JC interview.
this will take a week.
the chances of you finding a suitable job, applying, attending and interview and then being offered a job in the intervening 1 to 3 weeks would be slim.
job centre staff make huge allowances in regard to job seeking for those waiting for an ESA MR, so it isn't that big a concern.

it is a concern though, that you feel that you COULD attempt some kind of work.
at any interview, you should be frank and honest about your health issues, and if they concern the employer as much as they concern you, then you wouldn't be offered the position anyway

My concern would be not getting a job because of the condition and dwp saying I am fit for work which leaves me somewhat in a quandary doesn't it? I may be jumping the gun a bit but just wanted to see if anyone else had experienced this. Oh, and the applications state the condition by the way so I have been open about it.

tomtontom

scootw1 wrote: »

My concern would be not getting a job because of the condition and dwp saying I am fit for work which leaves me somewhat in a quandary doesn't it? I may be jumping the gun a bit but just wanted to see if anyone else had experienced this. Oh, and the applications state the condition by the way so I have been open about it.

I'm confused, are you the OP?

scootw1

tomtontom wrote: »

I'm confused, are you the OP?

Sorry, yes. Got 2 usernames.

tomtontom

scootw1 wrote: »

Sorry, yes. Got 2 usernames.

???

If the MR is accepted then your payments will be backdated to the date of the original decision. Finding a job so quickly after the WCA would cast doubt on your MR request though, and if the decision was not yet made, could influence the DM's view of your condition at the time of the WCA - and understandably so.