can you claim jobseekers & still appeal esa

[jc2038]

hello,

 

i have been claiming esa income related for 1 year and have not

had to provide sick lines for a long time

i had to attend a second/review medical in may 2010.

 

they claim i am fit to work, options are lodge an appeal and provide

sick lines for the next 6/7 months until tribunal hearing

 

or claim jobseekers now, the dwp say if i claim jobseekers i can not appeal

because i have accepted the decision

 

obviously i would like my condition to improve and dont want to go back

to having to provide sick lines which i have no guarantee of them being provided for the full 6/7 months

 

any advice

[loan_ranger]

I think you've answered your own question. You can't appeal ESA if you claim JSA.

[hendo001]

he can appeal ESA and claim the assessment rate of ESA if you ask them in your appeal letter, otherwise you will be stuck claiming jobseekers and stuck without your appeal

[jc2038]

the reason i ask was

 

i found this: but is it still applicable

 

cpag Welfare Rights Bulletin 207 December 2008

 

ESA decisions and appeals

 

Simon Osborne outlines the rules regarding decision-making and

challenges in employment and support allowance (ESA).

 

 

Whilst appealing, claimants can if they so wish stay on ESA, though at a reduced rate.

Claimants found not to have limited capability for work who have appealed against

that decision can get reduced-rate ESA whilst the appeal is pending,

provided that they continue to submit medical certificates

- note that is not restricted to income-related ESA.[Footnote 15]

It is understood that the appeal letter can be treated as a new claim for ESA,

and the reduced-rate is achieved by applying only the 'assessment phase'

rate of ESA (i.e., without additional components) while the appeal is pending.

[Footnote 16] An alternative (as in incapacity for work appeals) is for the claimant

to claim jobseeker's allowance while appealing.

The DWP has confirmed to CPAG the official intent that where that happens,

and the claimant subsequently wins their appeal so re-establishing entitlement to ESA,

they will be able to receive arrears of ESA less any JSA paid.[Footnote 17]

 

 

Footnote 17

 

17. Email from DWP to Simon Osborne, CPAG, 15 October 2008 [back to text]

 

Welfare Rights Bulletin 207 December 2008

[hendo001]

JC, you will get the assessment rate of ESA if you appeal but you must say in your appeal letter that you want your esa to continue whilst you appeal that way you still get ur £65 a week

[ErikaPNP]

They have misadvised you.

 

You can claim JSA whilst you appeal ESA.

 

When you appeal ESA you continue to receive benefit payments for ESA at the assessment rate provided you send in sick lines until the final determination of the appeal. If however, you claim JSA pending the appeal outcome, you cannot receive the ESA assessment rate as well. But that does not mean you cannot appeal just because you have claimed JSA. That's absolute rubbish.

 

I would not recommend claiming JSA if you appeal ESA. I would recommend claiming the assessment rate of ESA. The amounts are exactly the same, and with the appeal the ESA is instant upon receipt of the appeal and sick line. With JSA you would have to apply for it all over again, wait for a decision and then continually satisfy the conditions for claiming JSA.

[jc2038]

thanks ErikaPNP your a star , more scales added

 

good advice

 

 

it is complicated by just recently moving, and having to register with a new GP

who i will see for the first time next week, who may not have my medical records yet

[house3]

Hi yes you can still appeal against E s a while being on jobseekers allowance,i am doing the same thing,i got a letter from them to say yes I can carry on appealing while making a claim for J s a, I had both open claims to these,but had to close one down,my doctor in the past refused to give me a fit note, even though they know ive got health problems, it just felt so degrading begging for a sick note am a emonitional person so also very upsetting , in the end decided to claim j s a ,my advisor knows my health problems and have been ok so far, good luck ....