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jason2723637

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About jason2723637

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  1. what happens to ESA pending appeal for lets say a first time claimer who failed their WCA and subsequent MR for ESA- UC do they get paid as they used to?
  2. well done but do you think if the assessor knew they were being recorded they wouldn't of made up the "errors" so by not asking for a audio recording do you feel you caught them out in their own "errors" ie a covert recording trumps a requested one?
  3. yeh I get it I had to read up on some sites regarding UC but the logic is obviously not sound why make someone have a CC and sign on with restrictions when they have limited capability for work (lets assumes this is the case) when they didn't during ESA- JSA I mean someone with a psychiatric condition-bi polar or a serious mental health issue their condition can get worse with the stress of signing on or/and looking for work also what happens to EPS? or is this being phased out to
  4. so I presume that means you have to sign off UC to make a new claim for ESA with no CC ?
  5. well I don't think there's a difference if you claim ESA you should be put onto it at the assessment rate till your WCA which could take as long as 13 weeks but in the meantime you don't have to look for work in other words you should not be on UC if you feel your not fit for work only thing is you can claim ESA on a new or worsening condition
  6. I know this is not directly your query but on a side issue have you been on ESA prior or thought about it now? is your current situation stable? you seem to state that you maybe struggling and your not sure if you can reliably do this job you have lined up taking into account of your circumstances in reference to the DWP and their shenanigans....unless you are sure as can be that your close enough to fit for work. on your original query the only option unfortunately seems to be the tribunal route and as bazooka said to cc your MP with whose input lets hope its overturned with immediate effect otherwise its tribunal that's if you want to really take it all the way ...they shouldn't penalise you on a "fluctuating condition" if you want to call it that imho
  7. at the WCA you just need to talk to reception to get taxi fair reimbursed (on the booklet that comes with the letter that invites you for a WCA it states you must to talk to them in advance if you have to travel by cab and want to be reimbursed though in practice it seems fine to talk to them on the day) for HMCTS you need to talk to them I don't know if they do also maybe they may say to get a receipt from the cabby
  8. also not sure how relevant this example is for you bt I thought you stated in earlier threads you cant use crutches or wheel chair- The HP has stated that I have good upper body strength and the decision-maker has stated that I can use a wheelchair to mobilise a significant distance. However, I don’t have a wheelchair. I have been advised to use crutches or sticks as I need to take some weight off my feet. My hips are damaged by my gait and I have been told by my Physiotherapist that if I was to use a wheelchair, my feet would seize up and I would be in more pain. I am trying to delay using a wheelchair to prevent my condition from worsening. I have not had any NHS or Occupational Therapy recommendation to use a wheelchair. I live in a house with stairs and a wheelchair would not be practical currently. In the case CE/3431 2012, the Judge stated that: “The tribunal should approach this descriptor, as any descriptor, on the basis of the evidence beforeit. It appears to have gone ahead to consider the use of a wheelchair without first deciding if in its view aids are reasonably needed by the appellant for mobility.” I enclose a letter from my Physiotherapist which confirms that it is not reasonable for me to use a wheelchair currently.
  9. ok yes I knew it was for UC but could not find adequate info for JSA hardship payments so ...what you posted taken from the cpag site don't make sense to me either if we forget that under UC its seen as a loan what I was saying what diff if its UC or JSA it breaks logic to say one group gets less restriction on receiving hardship payment then the other. if so then a hypothetical - how would one get themselves on UC rather then staying on JSA (seeing lot are put on UC and shifted from JSA at times unless you fail the explicit UC criteria or UC is not available in your area) in order to get the hardship payment more easily? for example - taken from your link- IF IN DOUBT, ALWAYS MAKE A CLAIM FOR A HARDSHIP PAYMENT – the worst that can happen is that DWP refuse to make a payment and you can challenge such a refusal. To qualify for JSA hardship payments, you must either be in a 'vulnerable group' or satisfy the DWP that you will 'suffer hardship' If either of these applies to you, the DWP must make a payment to you - there is no discretion to not pay you. and then... If you are not in a vulnerable group, you can only get hardship payments from the 15th day of the sanction if you can show that you or your partner will suffer 'hardship' unless JSA is paid. If your JSA sanction is because you do not satisfy the jobseeking conditions, you can only get a hardship payment if you are in a vulnerable group. and again - If your JSA sanction is because you do not satisfy the jobseeking conditions, you can only get a hardship payment if you are in a vulnerable group. how does the above when taken all together (and not out of context) make sense? what jobseeking conditions did you not satisfy (if that was the case) do you know? for example the reason one can get sanctioned to begin with is by not satisfying their work coach they have been looking for work adequately which is a failure of the persons job seeking conditions how does that equate logically? meaning only way to get hardship payments is because you have been sanctioned to begin with, unless they mean another more specific jobseeking condition? The conditions - The jobseeking conditions come in two main parts: 1. You have to show that you available for work 2. You have to show that you are actively seeking work
  10. hi no one has replied to this so was wondering myself as I dot understand the criteria for hardship payments below is cut n paste from another thread tommy was the poster - f your Universal Credit has been cut because of a sanction or penalty for fraud, you might be able to get some emergency money to help you cover household expenses like food and bills. This is called a 'hardship payment'. A hardship payment is usually a loan, so you’ll have to pay it back when your sanction ends. The Jobcentre will usually get the money back by taking an amount of money from your Universal Credit payment each month until it’s paid off. Eligibility You can only get a hardship payment if you meet all the following conditions: You must be 18 or over (16 if your payment is reduced because of fraud). You must be struggling to meet your basic needs or the basic needs of a child or young person you’re responsible for.'Basic needs' include accommodation, heating, food and hygiene. You'll only be eligible if the reason you can't meet these needs is because of the sanction. You must have made every effort to stop spending money on non-essential things. The Jobcentre expects you to only spend money on meeting basic needs, so they might expect you to spend less on entertainment or leisure activities. You must have done everything you can to get money from other sources before you can apply. The Jobcentre should be reasonable about what you can do in your circumstances. For example, you won't be expected to sell your belongings, move house, or get a bank loan or credit card. But you could be expected to ask friends or family for money, looked for other benefits (eg from your local council, or local charities), or ask for extra hours if you work. You must have done all the work-related activities that you were supposed to do in the 7 days before you apply for a hardship payment. are the above 5 criteria only for the vulnerable group as it does not say so if not it seems to conflict with the OP
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