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Mandatory reconsideration then get a job

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Comments

  • densol_2
    densol_2 Posts: 1,189 Forumite
    nannytone wrote: »
    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

    Oh that's really helpful !! Thank you - the form seemed to ask the same sort of questions. I have my ESA assessment on 2nd Oct. I do jump the gun - that's severe anxiety for you :( - thanks you have made me feel much better
    Stuck on the carousel in Disneyland's Fantasyland :D

    I live under a bridge in England
    Been a member for ten years.
    Retired in 2015 ( ill health ) Actuary for legal services.
  • nannytone wrote: »

    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

    Thanks, nannytone. Just checking, if a person is frank and honest at interview about health problems, do JCP sanction the the JSA?
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    edited 16 September 2015 at 2:04AM
    There is a very, very, very important thing that's been missed so far.

    ESA, is not granted because you cannot work.
    Conversely, being able to work is not grounds to not get ESA.

    ESA is commonly stated to be for two groups.
    One of 'The sickest, who cannot be expected to work, or prepare for work', and the other 'Those who with help can prepare for work'.

    This isn't really the case, though it's the basis on which policy is made - and in that case makes sense of some policies.
    If everyone in the work-related group is reasonably able to prepare for work - then it is legitimate to terminate their benefit (if contributory) in a year.

    You are legally entitled to ESA if you:
    Get enough of the various work-related or support group descriptors so that you are placed in that group.
    Fall into one of the pregnancy/communicable disease categories.
    Are found to match the 'non functional descriptor' - which is that it would be a severe risk to your health if you were found fit for work/work related activity.

    Note that 'being unable to be reasonably do any job', 'being unable to comply with JSA conditions' - is _NOT_ a route to ESA.

    The work-related group does not specifically state that you should be employable in a year.

    My common example of the unfairnesses is that an otherwise fit educated 21 year old who has a problem with her elbows that only limits her in that she can't put her hands into an upper jacket pocket gets the support group, and is not expected to do anything.

    Someone who is in a wheelchair, and can slowly several times a day wheel themselves 200m, who can't talk to new people several hours a day, has trouble with all but the simplest communications, soils themselves once a month, mutters to themselves constantly and can barely work a washing machine can be - correctly according to the regulations - found fit for work.

    In the context of the OPs question - you are not entitled to ESA in any day which you do 'normal' work.
    In some cases, you may be able to carry on claiming ESA even when working up to 16 hours.
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