New JSA claim but now awaiting diagnosis

[woody1066]

I have recently started a JSA claim. I have received one fortnight's money and I'm due to see my JCP advisor on Friday. Unfortunately I have been diagnosed with a serious illness and will require surgery and possibly chemotherapy. I am awaiting an appointment for a PET scan to confirm the diagnosis.

 

At the moment I feel fit and well and I am displaying no symptoms whatsoever. However, I don't think any potential employer would be willing to employ me knowing that I will have to take time off for treatment in the not too distant future. What would be the best course of action for me to take? Should I inform my advisor?

 

As I hope you can understand this has come as a huge shock to me and my family and the last thing I feel like there is having to go to the dreaded ATOS centres

[**Margaret**]

:woody1066:

 

Now I've found out what a PET scan is, do you have any idea of how long you'll have to wait for one? I'd probably skip telling your advisor this week and go through the motions of actively seeking employment until you've got a confirmed diagnosis and treatment plan, unless your doctor's of the opinion that you're not fit for work now.

 

Dependent on how you feel, and your doctor's opinion, you can ask to vary your jobseekers agreement to temporary jobs cos of changed circumstances.

 

Soon as you're admitted to hospital you'll be able to make a claim for employment n support allowance, if you've not already done so. The first stage of an Atos assessment is an ESA50 questionnaire about the effects of a condition and chemo on capability for work. Confirmation from a claimant's own medical adviser often negates the need for a face to face assessment.

 

Sincerely, Margaret.

[woody1066]

Thanks for the reply Margret. My extensive research (Google and watching Breaking Bad) tells me that PET stands for Positron Emission Tomography. It is a way of telling the type and spread of the cancer. I actually have a job interview tomorrow so she cant say I have not been trying for work

[essexmat]

First of all, best wishes to you and your treatment. Having my Father diagnosed with Lymphoma 2 years ago and now in remission I know how hard it is for the individual and family members. I hope you get treated well and make a good recovery.

 

On the flip side, do you want to go through the hassle of job searches and diaries and JCP attendance when you have enough on your plate at the moment? I would concentrate on YOU and not this horrid system where they make you feel like a worthless idiot because you are out of work when most of the time the JSA claimant is claiming through no fault of their own.

 

Best wishes to you.

[**Margaret**]

:woody1066:

 

Whilst I agree with the sentiments in the above post, you need to discuss your situation with your doctor before even thinking about closing your claim for jobseekers. Closed claim for jobseekers > refusal to issue a Med 3 (unfit) note > rapid reclaim is a prescription for stress you don't need. When the time's right to close your claim for jobseekers, you can claim employment n support from the next day without any waiting days.

 

Should it be helpful at some point, you can declare two periods of sickness (up to fourteen days each) without documentary evidence. Payments continue cos the claimant's treated as actively seeking work.

 

Beware the occasional adviser who at the mere hint of sickness insists a claim is closed, without consideration of eligibility for employment n support.

 

Margaret.

[Nystagmite]

First of all, I am so sorry to hear about this.

 

You may have the issue of being avaliable for work?

[woody1066]

I had an interview for a job today (it was organised before I found out about the cancer. I have a feeling that it went well which may present me with another problem

[**Margaret**]

:woody1066:

 

Does the Jobcentre know about your interview? If so, and you're offered the job, you may have to come clean earlier than you'd choose to. Delaying tactics of, occupational health check, possible disclosure and barring check, references, may buy you a few days to chase the scan and seek your doctor's opinion about a Med 3 (unfit) note.

 

My sincere wishes that you'll come through your treatment successfully, Margaret.

[woody1066]

This is an extract of an email I have sent to my MP

I am in the process of being diagnosed with lung cancer. I explained my position to my advisor at my local job centre she was understanding and accepted that I will continue to claim jobseekers allowance until my diagnosis is confirmed at which point I would change my claim to ESA. My consultant is 99% sure that the cancer diagnosis is correct but I am still awaiting the results of a pet scan which I had on Monday.

 

I attended the job centre for my fortnightly signing session on Wednesday. The officer on the desk asked to see the results of my job search which I have applied for eight jobs and had two interviews in the last two weeks. She told me that this was unacceptable and despite my telling her about my cancer diagnosis referred me to another officer in the same office. I asked the second officer if we could discuss this in Private with him as I do not want my medical records talked about in public. His reply was "I can see about the cancer I'm not bothered about that." I was refused a private room to discuss this. he then talked about possibly sanctioning me and referring it to another officer. At this point I became distressed and said I want to speak to a manager. His reply was to go back downstairs to the front desk and speak to the people there.

 

i did go to the front desk and was visibly distressed and spoke to another officer on that I explained my position he noted down and said he would get a manager to phone me back that afternoon. This did not happen. I called back into the office on Thursday morning to be told that a manager would call me back on that afternoon. I then received a voicemail message from a lady saying that she understood that I had some questions and call her back unfortunately she called me on withheld number so I do not have a number to call her back.

 

I called back into the job centre this morning and spoke to a gentleman there who is acting up as a manager he told me that the manager is unavailable and that someone will call me on Monday.

 

I am extremely distressed and upset as a result of this. I feel that I have been treated extremely badly. I hope you can appreciate my condition is serious and I'm not yet aware as to whether it might be life limiting. I feel as if I'm being fobbed off by the job centre and I've been treated as if I am a mere nuisance to them. I would like you to perhaps intervene if possible and try to get a resolution to this. I am not after heads I only want an apology.

[**Margaret**]

:woody1066:

 

Nice people, not! This is why some jobseekers delay sharing this type of dilemma with Jobcentre advisers until there's no choice.

 

Was your jobsearch unacceptable cos it was less than specified in your jobseekers agreement? Unfortunately, now there's a doubt as to whether you're actively seeking work, these hassles are likely to continue. Did you seek your doctor's opinion about Med 3 (unfit) notes to support a claim for employment n support.

 

Next time you're asked to return a call to a withheld number, call the number on the last letter you had from Jobcentreplus. They should be able to transfer you, or give you the correct number to call for the Jobcentre you're trying to contact.

Margaret.

[Beatrice Bee]

Please save and read the attached case law about the required weekly steps to take to be considered actively seeking employment. Your adviser says you have not done enough to find a job and it falls within the not meeting the actively seeking work requirement.

 

The case law says regardless what your Jobseeker's Agreement says, you have been actively seeking work in the relevant week if in that week you took more than two steps which give you the best chance of securing employment.

 

So taking three adequate steps per week is enough even if agreement states apply for at least 5 jobs per week. Agreement has to comply with the law [Jobseeker's Act 1995] and not vice versa and the Act specifies taking more than two steps per week unless taking less than two is reasonable in the claimant's circumstances. Homelessness, illness, family emergencies etc will have an influence on the steps you can reasonably take and the decision maker looks at the evidence provided to see whether actively seeking employment [ASE].

 

Provide print outs of evidence of ASE for the relevant fortnight and the print out of the case law to make them back off.

 

Seen it on the net that the JCP adviser allegedly "edited" the claimant's job search evidence so the DM did not see the full list of jobs the claimant provided to the adviser. Hence the need to post to the DM the print out of your evidence, eg job interview feed back and invitation.

 

The sanction letter says you can ask them to reconsider their decision within 30 days of the date of the letter. It also says you can ask for a written reason for the decision. Do so because the sanction letter does not say anything about the specific reason. Only "not ASE" will be stated.

 

By recorded delivery, write to them listing the evidence you attach and head the letter saying: "Posted by recorded delivery".

 

In your case taking less than two steps in the relevant week may be reasonable / accepted provided you provide evidence that you were suffering from stress and anxiety due to a recent cancer diagnosis which is 99% accurate according to your consultant.

 

Phone calls are no good as you have no written evidence so start writing to the local JCP manager using recorded delivery. Head the letter "Complaint" and your NINO has to be included in each letter as a reference number. Attach your job search evidence & the case law about steps to take / ASE and ask them to reply to your letter in writing within 5 working days.

 

Advisers think Jobseeker's Agreement is the Bible or the Ten Commandments and will want to sanction you if you do not do everything listed.

 

In the attached case law the Commissioner held that it is not so. All claimants read it now and save the file to be able to stand up for yourself later on. In one year 800,000 claimants got sanctioned so if you serious about needing your JSA, read it.

 

Now OP could go on the sick because unable to work due to stress and anxiety caused by his JCP adviser by the treat of sanction. Write a complaint and provide evidence of ASE anyway as it is unacceptable that the adviser even pronounced the word cancer in public for anyone to hear. They should know that three adequate steps per week is enough but they get bonuses for meeting sanction targets so it is for you to provide hard evidence of ASE if a benefit entitlement doubt is raised or even before, to prevent the stress they cause.

 

JCP has to provide a printer and computer for you to use if you have no money to print. It is for you to decide if you have the money to print or you need it for your living expenses.

 

Get your adviser's email address and prior to your signing on day, email her your corroborated evidence, eg confirmation emails you got for your job applications, screen shots of applications / cover letters, employers' response.

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