Threatened with JSA sanction for being signed off ill

Keedie

I went to sign on today, and met with a different advisor as mine was on leave, and she basically queried why I am not looking for full time work and said that I was not fulfilling my claimant commitment and I could be sanctioned for non-compliance.

I explained that due to a long term fluctuating illness I am unable to work full time (I am also a single parent), and gave her my doctor's certificate which states that I may be fit for work if considerations and adjustments are made, which take into account my health condition. The certificate is for two months, but I am still job hunting. I am not work shy, and I recently did a part time temporary job, so I am looking for work, but I am limited in what I can do at present.

Is it right that you can be sanctioned for not being available for full time work? Even if my advisor has stated on my claimant commitment that I am seeking part time work? She has put me on long term period of sickness of JSA but basically said that it's not suitable for me as I am not available for work properly and I should never have been put on JSA. Can I apply to move onto ESA although I want to work part time? I am now confused and scared of being sanctioned for not applying for more (unsuitable) jobs. And anxious about trying to move benefits when I am hoping to get back to work soon.

Any advice or help would be appreciated so thanks in advance.

Keedie,
x

MoneyAdvice

You need to tell you advisor the nature of your illness/disabilities and they can adjust your jokseeker's agreement. This is what they did with me. They aren't allowed to push me to look for full-time employment. It happened once, and when I pointed them to the nature of my disability, they backed off immediately and sent me to the DEA.

Keedie

Thank you, I did tell my advisor and they have my doctor's certificate. But I suffer from a fluctuating condition called chronic fatigue syndrome, so some days I am in excruciating pain, bedridden and exhausted or using crutches or a walking stick to get around. And on other days, I am near 'normal' but very tired and sore so limited in what I can do (like a long/awkward commute) or a full time role, as when I was full time I had months off at a time and that is not sustainable. I also suffer from clinical depression and being unable to find a job that is suitable and being under pressure from the job centre is making me feel worse .

I thought ESA was for people that are unable to work? Not those that can work but have restrictions. Or have I completely misunderstood ESA and JSA and who they are for and the conditions etc?

Torry_Quine

Keedie wrote: »

Thank you, I did tell my advisor and they have my doctor's certificate. But I suffer from a fluctuating condition called chronic fatigue syndrome, so some days I am in excruciating pain, bedridden and exhausted or using crutches or a walking stick to get around. And on other days, I am near 'normal' but very tired and sore so limited in what I can do (like a long/awkward commute) or a full time role, as when I was full time I had months off at a time and that is not sustainable. I also suffer from clinical depression and being unable to find a job that is suitable and being under pressure from the job centre is making me feel worse .

I thought ESA was for people that are unable to work? Not those that can work but have restrictions. Or have I completely misunderstood ESA and JSA and who they are for and the conditions etc?

From what you've said ESA does sound like the better benefit. All you need to start a claim is the fit-note from your GP.

Keedie

Thank you. I will look into ESA. I thought it was like incapacity benefit so you would only qualify if you were unable to work at all. but I went on JSA, as I am trying to find a job. But if ESA would mean that the DWP are more understanding and can give me some support to find something then yes, it is definitely the better benefit whilst I get myself back on track.

poppy12345

Torry_Quine wrote: »

From what you've said ESA does sound like the better benefit. All you need to start a claim is the fit-note from your GP.

I would disagree with you here. ESA is for those unable to work. The OP wants to work but there's some Jobs they're unable to do. DWP wouldn't support them in looking for work if claiming ESA. There's permitted work but you need to be in one of the groups for this. I think JSA supported by the letter from GP is the better option.

Keedie

Thanks poppy,

I am a bit confused now. So the lady at the job centre was dismissing my efforts because I can't work 40 hours a week, and therefore said that I am not doing enough and so I should be sanctioned and I am on the wrong benefit. But it seems that from what you say that ESA is only for those unable to work, which is what I thought, hence I never applied for it.

But when I looked at the ESA pages on the government website, it says that they can support you on ESA to find work if you're able to do so. But it does look like it is permitted work as part of a special group. And I'm still awaiting my Remploy referral from the job centre, ad Remploy specialise in helping people to find work who have disabilities/illnesses.

I'm not fussed about the benefit that I am on, as I just want help to find something suitable without being told off or threatened with sanctions. As both of my conditions worsen under stress, which makes me more ill and trying to survive and motivate myself etc becomes harder .

ukwmo

First, you've signed off your claimant commitment with the adviser who is on leave. So it isn't really "good form" for someone acting in her place for a week to just bump you off JSA altogether ... that should really be for your own adviser to consider, they're the one who knows you and should know best what's in your interest. It would've been better for your adviser's stand in to simply sign you on and flag up concerns about your health to your adviser. Any talk about sanctions is a pile of horse muck, frankly.

You won't get much support getting back to work while you're on ESA. ESA customers aren't normally interviewed until they've had their medical and it's known which group they will be placed in. That's months away yet, even if you claim ESA today. After the medical, those placed in the work group are maybe only seen by the Job Centre once every 4-6 months, those in the Support group aren't normally seen at all (because they have more serious health concerns).

If you truly want back to work & a job which works for you and your own health, I'd say for you to stay put on JSA and discuss the matter with your adviser when they return, speak to them plus the Job Centre disability employment adviser. I wouldn't jump ship right now, not until your own adviser returns to work and you get a chance to speak to them.

Keedie

Thank you ukwmo,

I was very upset with what I was being told by the stand-in adviser. She booked me in to see my normal advisor on Monday 6th February, so I will see what happens there.

Psychologically I need to work, as I've not been in proper employment since July 2016, and it is getting me down. But physically, my endurance and pain levels are all over the place, so I am very sleepy most of the time, but sometimes not in too much pain. Or I am alert but in agony etc. And sometimes, I am just tired and a bit sore.

I just want a simple job, with not too much stress or commuting, so that I can go to work and earn some money and still be able to get to my son's school on time to collect him (he would need to go to after school club as I know the chances of finding something that allows me to drop and collect him from the playground is just further complicating things). But that stand in advisor made me feel like I was being deliberately difficult and choosing to scrounge JSA money when I've no intention of coming off benefits - which is definitely not the case. I just don't want to become more ill as a result of trying to support myself and my son.

mycleverbunnies

Hi
Have you considered applying for PIP?
I have struggled with CFS since 2007 when I was diagnosed.I have always worked(and was a single parent too.my daughter is now 25).Last year I collapsed and was in hospital.I was advised to apply for PIP and was awarded it after a face to face appointment and a report from my doctor.I had no problems with the process and everyone involved was really kind. I totally understand and empathise with everything you are saying .I am still off sick from work at present and receiving treatment but need to accept I can only go back part time now.The PIP helps so much because I can get a taxi when the fatigue suddenly kicks in severely and everywhere is spinning or I have a hospital appt but my muscles are too seized up and sore to move far.I also got a memory foam mattress which is amazing for pain, you may want to get one.I am so, so grateful for the help.I am lucky that my daughter lives 5 mins away from me.She literally helps me everyday practically and emotionally.
Also, I am outraged at the employment adviser.CFS is a recognised disability now protected under the disability discrimination act 2010. I think it is a very good thing that you have accepted you can't work full time instead of forcing yourself and becoming more ill.I have been there done that hence I am in this position now. It looks like I may have an autoimmune disease as well. Trust your own instincts and ignore ignorant people.Take care.

MoneyAdvice

There are some miserable people at the job centre. I remember having one adviser who tried to force me on to ESA because my condition fluctuated. I then said that I'm opting to stay on JSA and that he couldn't force me to move to ESA. He replied with "ok" with a miserable look on his face.

It sounds like you have one of those miserable advisers. My advice is to request to talk to a DEA (Disability Employment Adviser), and if your adviser continues to be difficult to put in a complaint.

Most advisers work under the assumption that you're signing on to leech off the government and that you aren't too bothered about looking for work, so they adopt a miserable approach to all jobseekers.