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Signed for JSA while waiting Mandatory reconsider of WCA Help!


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Started a new thread as this is a fresh concern.

 

A little background I was found Fit for Work by ATOS and have to wait for a Mandatory consideration before I can appeal.

 

The only way I could get any money coming during this time was to sign on for JSA. Most Advisers will be understanding and sort of Park you till the decision is made and can get an Appeal going at Tribunal and be put back on Assessment Rate ESA.

 

My Adviser however is not one of those and wont take my Medical condition into account when I saw her she put me straight onto a course starting next Monday and continuing till Wednesday 9AM start till 11.30 with the National Careers Service to build confidence I told her my condition could well prevent me turning up 3 Days in a row as my health cant take that much activity her reply was "You have been found fit for work so I can't see any reason why you cant attend if you don't I will sanction you and you will get No money for 4 weeks"

 

Today I get an automated phone call stating My work placement has been set up and I must attend a Charity Shop Thursday for said work placement this is the first Ive heard about any sort of Work placement can my Adviser set this up and Mandate me to do this with out any discussion first?

 

I have no idea why this is happening DWP know I will appeal the Fit for work assessment decision at Tribunal and ask to be put back on ESA while it goes through. There is no way I can get through 3 days of the course at 2-3 hours a day let alone start or do any type of Work placement and I don't know what to do or how to cope as Ive been told the DM could take up to 6 weeks to make a Mandatory review decision.

 

I think they are trying to cull me if I am dead through starvation or my mental health gives out with all the worry and stress and I end it all atleast it will be one more person off benefits :sad:

 

Any advice would be welcome.

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I am sure the more experienced users will be along soon.

 

I would think that making a complaint to the manager would be first step - maybe trying for a fit note to cover your current period as well from your dr to back up ur illness.

 

As for the mandated bits, I would not think they could mandate you without prior discussion.

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I am sure the more experienced users will be along soon.

 

I would think that making a complaint to the manager would be first step - maybe trying for a fit note to cover your current period as well from your dr to back up ur illness.

 

As for the mandated bits, I would not think they could mandate you without prior discussion.

 

I have a sick note from my Doctor that covers me till July but DWP told me as I have been assessed Fit to work by ATOS it is invalid and Doctor has no right to issue any more if I am unhappy with that decision I should get it reviewed which I am doing but untill that decision has been made and I can appeal to the Tribunal and be put back on ESA while it goes through I am classed as Fit to work and must comply with all they tell me I must do.

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I have a sick note from my Doctor that covers me till July but DWP told me as I have been assessed Fit to work by ATOS it is invalid and Doctor has no right to issue any more if I am unhappy with that decision I should get it reviewed which I am doing but untill that decision has been made and I can appeal to the Tribunal and be put back on ESA while it goes through I am classed as Fit to work and must comply with all they tell me I must do.

 

Well on that point they are wrong. Your doctor has the right to issue you with a fit note should they wish too.

Your current note that was issued for when your medical was done I don't think they will accept now. But you will need a new one to get assessment rate payable, just as you have done while waiting for an assessment.

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Get your doctor to write a letter stating the issues you have which make working difficult, due to your disability.

 

Sorry I am confused are you saying they can mandate me to a Work placement without any discussion on the matter?

 

As I fail to see what a letter from my Doctor will do as I have been told it will just be ignored along with any sick note I will of course ask my doctor for a letter but I think she wont be inclined to do so unless I pay the practice 15 pounds for it.

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Your Jobseekers Agreement (which both you and your adviser would have signed when you set up your claim) should take account any limitations on jobseeking and working that your health condition/disability imposes on you.

 

It does not seem correct to me that you should be sent to a work placement without any discussion or at least formal written notification, but I'm not an expert on JSA.

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Your Jobseekers Agreement (which both you and your adviser would have signed when you set up your claim) should take account any limitations on jobseeking and working that your health condition/disability imposes on you.

 

It does not seem correct to me that you should be sent to a work placement without any discussion or at least formal written notification, but I'm not an expert on JSA.

 

It states in my JSA agreement that I can work 20 hours maximum a week so my Adviser is trying to fill that 20 hours a week with courses and now it seems a Work placement too She knows I cant do anywhere near that being as ill as I am but I was left with absolutely no choice it was make a JSA claim while I wait for Mandatory review of the Decision that I am fit for work or absolutely NO money for the 2-6 weeks it takes the DM to do it. As until I can Appeal to Tribunal I cannot get ESA I can only get JSA or nothing.

 

Yes I had to lie on my Agreement Yes the Adviser knows I had to lie to get JSA untill I acn lodge an Appeal with Tribunal and she is piling on the pressure to force a Sanction I just can't believe that the most vulnerable in society are being treated this way I suppose I will just have to take a sanction and hope I dont starve before I get my Decision and can appeal

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You could certainly speak to your GP about getting a Fit Note. There is space on there for your GP to note any limitations your illness / disability will have on your work, ie can't stand for long periods etc.

Unfortunately, if you've said you're capable of working 20 hours per week than that is what the Job Centre will be aiming for. I believe you're also entitled to 14 days sick leave but not sure how soon that could start.

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