hi gang

i just recieved a book lol ,my appeal papers and ive read through it and its the biggest load of nonesense

this is cause i failed my atos medical for esa ,

so i expect a date for hearing soon ,

my problem is my wrist i broke it in work last march 2011 and had a operations on it but im still in pain and taking tramadol 50mg everyday im waiting on a ct scan and my surgeon is talking about fusing my wrist

but the esa medical geos on about walking and moving normaly and bending legs and neck

i dont dispute that im only going for my wrist and im under care of my surgeon still and my gp says i will not be working this year at my job as a plant machine fitter as the work is to heavy and complex for my left wrist as i have pain and limited movment in it

so im trying to get appointment with solicitor as he is working on my claim for the accident i had at work which im still on sick .

if i get turned down on appeal can i claim job seekers even tho im on sick from current job ?,

and im getting low rate dla cause of accident left me needing help with things and industrial injuries benefit ,

thanks for reading

I doubt you would get JSA if you are receiving DLA.

You would normally be entitled to SSP but again not sure if you would qualify being in receipt of DLA.

I'll flag this up for those in the know to take a peek at.

thank you

You can get DLA and JSA at the same time, one has absolutely nothing to do with the other. SSP (if a person is eligible for it) is only payable for 28 weeks, after which you claim ESA.

You have to satisfy the descriptors for ESA in order to be eligible for it. . It is payable if you have limited capability for work, not a limited capability to perform in one particular (or your usual) role. You can appeal the decision but unless you can demonstrate that you meet the desriptors set down in law, you will be unsucessful. Have a look at the desciptors, they are here and here. Your appeal should be focussing on what descriptors you meet as it is this that grants you eligibility. You need to gain at least 15 points to be eligible in the first schedule to be accepted as having limited capability for work - this gets you ESA at the work related activity group. The second schedule is about work related activity. You have to satisfy at least one in the second schedule to be accepted as having limited capability for work related activity - this gets you ESA at the Support Group.

If you do not meet the eligibility conditions for ESA, you can claim JSA but in order to do this, you must be actively seeking and available for work. Your IIDB may affect or prevent JSA or ESA if the JSA/ESA is an income related claim. This will depend upon how much IIDB you receive. DLA does not affect any benefits. You can also claim DLA whether you are in work or out of work.

There you go carcrazy.

Erika is some kind of genius on this stuff.

ok thank you

but can i claim job seekers even tho i have a job but i just cant do it at the moment and im waiting more surgery on wrist

my solicitor advised me not to resign from my job ,

ok thank you

 

 

but can i claim job seekers even tho i have a job but i just cant do it at the moment and im waiting more surgery on wrist

 

my solicitor advised me not to resign from my job ,

Hello there.

I think your solicitor is right. As you say, I think you could struggle to claim JSA because you need to be able to go for interviews and be available for work.

Hopefully someone with more knowledge than me will be along.

My best, HB

I would say no you can't but that is purely from a common sense approach.

In my mind I would't think anyone signed off SICK from a job they still have could claim for JOB SEEKERS ALLOWANCE. Mainly because they would not be seeking a job.

I am sure I will be corrected if I'm wrong.

Hello there.

 

I think your solicitor is right. As you say, I think you could struggle to claim JSA because you need to be able to go for interviews and be available for work.

 

Hopefully someone with more knowledge than me will be along.

 

My best, HB

not to mention signing on every 2 weeks as well.

personally I wouldnt claim JSA if you are saying you too ill for work, it contradicts what you saying legally and its why I didnt claim JSA myself.