ESA to JSA

murtle1981

Hi All,
I'm in need of some advice for my friend.
Hes just scored 0 points in his first ESA medical...
He sustained massive life changing injuries as 16 year old-he was crushed by a forklift which resulted in a fractured back, pelvis, severe nerve damage, a double colostomy, paralysed foot. This list is endless.
He is now 30 and is getting progressively worse. His spine is curving, he needs a hip replacement and has been told that he will be fully wheelchair bound by the time he is 35.
Hes also under mental health as these injuries and the quality of his life from such a young age is effecting him.
So he had his ESA medical 2 weeks ago. They kept him in there for 90 minutes. He took his care plan from the hospital which they photocopied. But on Friday they rang him to say he had to go sign on as he didn't score a single point on his medical.
He told them he eanted to appeal. The guy on the phone told him he can't appeal for another 28 days and must sign on in the meantime. He rang JSA only to be told to do it online. So we started the online process and got redirected to U.C. BUT hes not entitled to U.C. so it sent him back to claim JSA online but a message came up saying he has to ring and claim over the phone? It also said to ignore any automated messges saying that he has to do it online.
Hes getting very stressed out as you can imagine! His mental state isnt cracking and he's getting so angry with it all.
He lives with his Mum but she has just lost her job. Work had been slow for a whike (she was on 0 hour contract) and has only drawn 500 this month, 400 of that is for their rent!
He has also claimed PIP.
Hes not heard anything back yet as it's still with decision makers but just before he got the outcome of his ESA medical, ESA wrote to him saying he may be entitled to severe disability premium as he may be getting PIP! He also got another latter from ESA to say his money had gone up by another £10 a week but didn't give a reason to why.
Does anyone know what's going on? And some advice would be brilliant.
Could his mum claim for him or would they need to claim in their own rights as individuals?
Any help much appreciated.
TIA X

NeilCr

As I understand it in this situation you do have to claim JSA over the phone

Here is some information on how to challenge an ESA decision

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/.

It's important to be aware of the timetables. The 28 days is the time you have to ask for a mandatory reconsideration (MR) . It will be from the date of the decision letter. If the MR fails then you can appeal against that decision - at which point, when you have appealed, your friend should go back on ESA

There is a lot going on here and it may well be a good idea to seek help from the local CAB/advice centre. With the situation with his mum a benefits check may assist -plus any support they can give with/about the appeal system

WillGoodfellow

He should ensure that he has notified the DWP that he wishes to make a Mandatory Reconsideration, this is a necessary step before he can appeal if the MR fails. He should ensure that he makes an MR in writing, as even though it is possible to do it verbally, the DWP is often inefficient and a verbal request may not be logged.

He can claim JSA in the meantime, and if he has a fit note from the doctor, can register himself for an Extended Period of Sickness for up to 13 weeks where he will not need to fulfil JSA conditionality i.e. providing proof of jobseeking and attending signing-on and work-focussed interviews.

PIP is a separate benefit from JSA and ESA, and can be received as an in-work as well as out of work benefit.

pmlindyloo

murtle1981 wrote: »

Hi All,
I'm in need of some advice for my friend.
Hes just scored 0 points in his first ESA medical...
He sustained massive life changing injuries as 16 year old-he was crushed by a forklift which resulted in a fractured back, pelvis, severe nerve damage, a double colostomy, paralysed foot. This list is endless.
He is now 30 and is getting progressively worse. His spine is curving, he needs a hip replacement and has been told that he will be fully wheelchair bound by the time he is 35.
Hes also under mental health as these injuries and the quality of his life from such a young age is effecting him.
So he had his ESA medical 2 weeks ago. They kept him in there for 90 minutes. He took his care plan from the hospital which they photocopied. But on Friday they rang him to say he had to go sign on as he didn't score a single point on his medical.
He told them he eanted to appeal. The guy on the phone told him he can't appeal for another 28 days and must sign on in the meantime. He rang JSA only to be told to do it online. So we started the online process and got redirected to U.C. BUT hes not entitled to U.C. so it sent him back to claim JSA online but a message came up saying he has to ring and claim over the phone? It also said to ignore any automated messges saying that he has to do it online.
Hes getting very stressed out as you can imagine! His mental state isnt cracking and he's getting so angry with it all.
He lives with his Mum but she has just lost her job. Work had been slow for a whike (she was on 0 hour contract) and has only drawn 500 this month, 400 of that is for their rent!
He has also claimed PIP.
Hes not heard anything back yet as it's still with decision makers but just before he got the outcome of his ESA medical, ESA wrote to him saying he may be entitled to severe disability premium as he may be getting PIP! He also got another latter from ESA to say his money had gone up by another £10 a week but didn't give a reason to why.
Does anyone know what's going on? And some advice would be brilliant.
Could his mum claim for him or would they need to claim in their own rights as individuals?
Any help much appreciated.
TIA X

First of all they both need to claim as individuals.

Mum can claim JSA or she may have to claim Universal Credit. She needs to start an online claim just as her son did.
Depending on where they live there may be criteria where people have to claim the old style JSA instead of UC. (This seems to have happened with the son already)

If this happens then claim by telephone as directed. (both Mum and son)

Presuming Mum is the tenant on the rental contract then she can claim housing benefit and council tax reduction. The son will be treated as a non dependent.

The son can make his claim by telephone for the old style JSA.
He must attend the first interview. If he is too ill to do the job seekers requirements then he can produce a fit note from the doctor and be excused these. He must present himself at the first interview as fit for work as that is what he has been found. (DO NOT GIVE THE JOB CENTRE A FIT NOTE AT THE FIRST INTERVIEW)

He will need to do a mandatory decision for ESA before he can appeal. Has he already done this? He has 4 weeks from the date of the ESA decision.

The £10 extra for ESA is the Christmas bonus.

Since there are multiple strands to this I would urge both mother and son to go to CAB/welfare advisor and ask them for some support with the reconsideration and claiming benefits.

murtle1981

Thanks for all your answers.
Pmlindyloo-theyve told him he cannot ask for an MR until he gets a letter through regarding his ESA being stopped (they actually rang him)
I did tell him about the Christmas bonus but he presumed his ESA was going up by £10 a week and that would be the case for all his payments. This is what I mean by his mental state-he gets so confused with things and he's having problems coping with all this stress. Hes gone back to live with his Mum because he can't cope on his own mentally or physically.
I'll pass all ypur info on to him guys, thank you so much.
Just a quick question...if PIP and ESA are separate, why did ESA write to him saying he could get extra money as he's getting PIP? Because as of yet he hasn't been awarded PIP X

NeilCr

You used the word "may" in your OP. "May be entitled as he may be getting... "

There seems a lot going on so it could well be that there are letters flying all over the place -and, as you say, he does get confused. It might just have been, for example, a generic letter that details what possibilities there are for people on ESA.

pmlindyloo

murtle1981 wrote: »

Thanks for all your answers.
Pmlindyloo-theyve told him he cannot ask for an MR until he gets a letter through regarding his ESA being stopped (they actually rang him)
I did tell him about the Christmas bonus but he presumed his ESA was going up by £10 a week and that would be the case for all his payments. This is what I mean by his mental state-he gets so confused with things and he's having problems coping with all this stress. Hes gone back to live with his Mum because he can't cope on his own mentally or physically.
I'll pass all ypur info on to him guys, thank you so much.
Just a quick question...if PIP and ESA are separate, why did ESA write to him saying he could get extra money as he's getting PIP? Because as of yet he hasn't been awarded PIP X

OK, so if he hasn't got his ESA decision in writing then they are correct. At least that gives him more time to get some help.

As regards PIP. Has he been called for a face to face assessment for PIP? What stage is he at? They could just be advising him in advance that he may be entitled to a disability premium or, depending on what stage he is at, he could have been awarded PIP but not had written confirmation yet. Sometimes things get out of sequence when the DWP is notified before the client.

murtle1981

As regards PIP. Has he been called for a face to face assessment for PIP? What stage is he at? They could just be advising him in advance that he may be entitled to a disability premium or, depending on what stage he is at, he could have been awarded PIP but not had written confirmation yet. Sometimes things get out of sequence when the DWP is notified before the client.

Yes he has been called In for a face to face assessment approx 4 weeks ago I believe. The medical examiner could see he was struggling and isn't well. He was only in there for roughly 20 minutes and she said she had seen enough.
Not sure if that is a good thing or a bad thing tbh.
Regarding what stage it's at- after he received that letter from ESA stating that he may be entitile to severe disability premium, he called PIP and it's still with the decision makers atm.
Forgot to mention, along with letter from ESA re severe disability premium, there was also a form for him to fill in. It asked him questions about carers allowance and PIP etc. Obviously he didn't know what to say on the form as he doesn't even know if hes going to get PIP or not. If he does, his Mum is going to claim carers and go on IS as a carer x

Loanranger

Did he get compensation payout for his accident?

murtle1981

NeilCr wrote: »

You used the word "may" in your OP. "May be entitled as he may be getting... "

There seems a lot going on so it could well be that there are letters flying all over the place -and, as you say, he does get confused. It might just have been, for example, a generic letter that details what possibilities there are for people on ESA.

There is alot going on, youre right! Nothing seems to make sense though. He seems to think he won't get PIP now because he's been refused ESA. I've tried to explain to him that they are totally separate and just because he hasn't passed his ESA medical it doesn't mean to say he won't be entitle to PIP.
Hes ever so upset about all this and confused is an understatement. I feel really bad for him 😢

NeilCr

Aww

I feel bad for you. It's a difficult position to be in

If you can get him to a CAB that may help both of you