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    • Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
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    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
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Claiming ESA


scaredonjsa
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My doctor signed me off for a month yesterday with depression.

 

I was advised to make a claim for ESA but was told by someone else in the surgery that it would be best to wait until I have signed next so I am not without money for ages.

 

I am not due to sign until next Tuesday so if I was to make a claim for ESA today (Wednesday), how long would I be without money for and what would happen to my housing benefit claim?

 

I am scared stiff I will be left with no money to live on for weeks and weeks.

 

Can anyone please advise?

 

Also I have an initial doctors note for one month from yesterday, when would I need to submit a new note should my doctor give me one?

 

Thanks for the help

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It probably is easiest to wait until your next signing day to do this.

 

Case 1: Turn up to sign on Tuesday, providing jobsearch evidence for the last two weeks as normal. Also tell the signing adviser that you wish to close your JSA claim from the following day. Then call and make an ESA claim on Wednesday. You can expect your ESA claim to take a couple of weeks to process, but you should at least get your JSA as normal to tide you over.

 

Case 2: Call today (Wednesday) and ask to close your JSA claim right now as you are not fit for work. Then make an ESA claim starting on Thursday. If you can't show jobsearch evidence up to next Tuesday because of your illness, this is your best option. However, you might find that your payments are messed up for a few weeks. You should receive a final payment on your JSA, then new ESA payments but it could take a few weeks to get everything sorted.

 

Regarding your HB, speak to the council as soon as you make any change to your JSA/ESA. They will be informed of the change and will likely stop payment until they figure out what's going on, so tell them as soon as you know. You should still be entitled to HB for the whole period, but the payments sometimes get messed up when people do this. The sooner you talk to them, the better.

 

Regarding doctor's notes, I would assume it will take 10 days from posting one to the DWP to it actually being registered on your claim. Get them in good time. It may not always take 10 days, but it's best to be safe since it is ultimately your responsibility to keep these notes up to date.

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Here’s a recent response from the DWP’s own Freedom of Information Team to a question similar to the one you’re asking:

Thank you for your Freedom of Information request received on 14 December 2013. You asked for:-

I would be most grateful if you could provide me with some information regarding switching from JSA to ESA.

 

I am currently claiming JSA and feel that with my ongoing health condition I would prefer to claim on ESA. My first question is the step by step processin making this change i.e.

 

Do I sign off JSA then wait a few weeks untill I am on ESA?

 

Secondly, I am aware of the medical questionnaire and assessment to be undertaken. Does this outcome decide whether I will either:

a)Be kept on or taken off ESA?

b)Be put into theWork group or the Support group?

c)Need to be verified with a doctors certificate or note?

 

Thirdly, if it turns out that I am refused ESA, what should I then expect in terms of signing back on to the regular JSA i.e. how many weeks will it take, do I return where I left off.

 

Any and all of the answers you have to these queries will help me in deciding what is the best action to take from here.

It is recommended that you make a claim to Employment and Support Allowance (ESA) as soon as you close your Job Seekers Allowance (JSA). You can close your JSA claim by telephoning the Jobcentre or inform them when you attend your Jobsearch review.

 

The preferred method to claim ESA is by phone on the following number:

Contact centre numbers

Telephone: 0800 055 6688

Textphone: 0800 023 4888

Welsh language telephone: 0800 012 1888

You will need to provide a Fit Note from your doctor (also known as medical certificates or notes) to support your claim. For further information about claiming visit our website

www.gov.uk/benefits.

 

During your claim to Employment and Support Allowance you will be asked to complete a questionnaire about your illness or disability, and may also need to attend a Work Capability Assessment.

 

After the assessment, the DWP decision maker will consider all the available evidence

including the questionnaire, any reports you have sent us, the Work Capability Assessment Report and any further medical evidence. This will help the decision maker decide how your illness or disability limits the amount and type of work you can do, and whether you continue to qualify for Employment and Support Allowance.

 

If the decision maker finds that you have Limited Capability for Work (LCW) and continue to be entitled to Employment and Support Allowance, you will be awarded an additional component to your benefit: This may be a Work-Related Activity component or Support Group component.

 

You will no longer be required to submit Fit Notes from your doctor.

 

If the decision maker decides that you are not entitled to Employment and Support Allowance we will call you to discuss what your options are. You can get further information about the work capability assessment from our websitewww.gov.uk/benefits.

 

A claim to JSA can be made from the day after your ESA claim is closed.

 

It is recognised that where there is only a short gap between JSA claims, much of the relevant information will be already be held. This is why DWP has a streamlined process for re-claiming JSA known as a reclaim gather. If a previous claim was within 26 weeks of the last day of your previous JSA award and there has been no change to your circumstances a reclaim gather can be taken rather than a full gather of information.

------------------------------------------------------------

 

Here is what the DWP website says about ESA:

 

You must go to a Work Capability Assessment while your ESA claim is being assessed. This is to see to what extent your illness or disability affects your ability to work.

You’ll then be placed in 1 of 2 groups if you’re entitled to ESA:

 

  • work-related activity group, where you’ll have regular interviews with an adviser
  • support group, where you don’t have interviews

Financial support

You’ll normally get the assessment rate for 13 weeks after your claim. This will be:

 

  • up to £57.35 a week if you’re aged under 25
  • up to £72.40 a week if you’re aged 25 or over

After that, if you’re entitled to ESA, you’ll be placed in 1 of 2 groups and will receive:

 

  • up to £101.15 a week if you’re in the work-related activity group
  • up to £108.15 a week if you’re in the support group

If the assessment takes longer than 13 weeks your benefit will be backdated to the 14th week of the claim.

Types of ESA

 

The 2 types of ESA are:

 

  • contribution-based ESA – usually you get this if you’ve got enough National Insurance contributions
  • income-related ESA – usually you get this on its own or on top of contribution-based ESA, if you’re on a low income

Contribution-based ESA

 

Contribution-based ESA lasts 1 year if you’re in the work-related activity group. You may be able to re-apply at least 12 weeks after your contribution-based ESA ends. You may qualify again depending on:

 

  • National Insurance contributions you paid in different tax years
  • whether your health deteriorates and you’re placed in the support group

There’s no time limit on how long you can claim contribution-based ESA if you’re in the support group.

Income-related ESA

 

You may qualify for income-related ESA if you no longer qualify for contribution-based ESA.

How much you get depends on your circumstances. There’s no time limit on income-related ESA.

Work-related support

Following your Work Capability Assessment you’ll be placed in either the work-related activity group or support group if you’re entitled to ESA.

Work-related activity group

You must go to regular interviews with an adviser who can help with things like job goals and improving your skills.

 

Support group

You don’t have to go to interviews, but you can ask to talk to a personal adviser. You’re usually in this group if your illness or disability severely limits what you can do.

-----------------------------------------------------------------------------------------------

Hope this helps you with your predicament. Remember Antone's advice to keep your Council housing office informed. If you decide to proceed the Jobcentre will notify them of a change in your circumstances but not what that change is. This will prompt your housing office to stop your housing benefit. So be one step ahead.

 

 

 

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If the assessment takes longer than 13 weeks your benefit will be backdated to the 14th week of the claim.

That's a mighty big 'if' there. According to the Beeb today the DWP have admitted there is currently a waiting time for assessment of 9 months. That's 39 weeks. Thank goodness it's backdated.

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IF

 

If you can keep your head when all about you

Are losing theirs and blaming it on you,

If you can trust yourself when all men doubt you,

But make allowance for their doubting too;

If you can wait and not be tired by waiting,

Or being lied about, don't deal in lies,

Or being hated, don't give way to hating,

And yet don't look too good, nor talk too wise:

 

If you can dream - and not make dreams your master;

If you can think - and not make thoughts your aim;

If you can meet with Triumph and Disaster

And treat those two impostors just the same;

If you can bear to hear the truth you've spoken

Twisted by knaves to make a trap for fools,

Or watch the things you gave your life to, broken,

And stoop and build 'em up with worn-out tools:

 

If you can make one heap of all your winnings

And risk it on one turn of pitch-and-toss,

And lose, and start again at your beginnings

And never breathe a word about your loss;

If you can force your heart and nerve and sinew

To serve your turn long after they are gone,

And so hold on when there is nothing in you

Except the Will which says to them: 'Hold on!'

 

If you can talk with crowds and keep your virtue,

' Or walk with Kings - nor lose the common touch,

if neither foes nor loving friends can hurt you,

If all men count with you, but none too much;

If you can fill the unforgiving minute

With sixty seconds' worth of distance run,

Yours is the Earth and everything that's in it,

And - which is more - you'll be a Man, my son!

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Thanks for the advice.

 

Just wondered as I am in the North West would me claiming ESA mean I would be moved to Universal Credit. I have looked and my job centre isn't one that is going live immediately or in the next few months but scared I would end up on UC

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Sorry another quick question. I am thinking of doing this on Tuesday after my payment for JSA has been processed. How long would it be before an ESA payment is made, would it be in time for next payment date in 2 weeks? Always assuming payment is made on the same day as my JSA, a Friday.

 

And also do I need to tell my council as I have a HB payment due a week today and don't want it stopped.

 

Thanks for the answers, just trying to get stuff straight in my head so I know how long I could be without money for

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Hi scaredonjsa

 

Could you clarify whether you are talking a about coming off JSA and making a New Claim for ESA?

 

I would always advise informing the local authority that pay HB or CTB of any changes as these are classed as a change in circumstances as its always best to keeps you on the correct side with them.

 

(I you contact them by phone always follow it up with a dated letter referring to the call and want you informed them of and always keep a copy of the letter and get proof of posting from post office)

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi scaredonjsa

 

Could you clarify whether you are talking a about coming off JSA and making a New Claim for ESA?

 

I would always advise informing the local authority that pay HB or CTB of any changes as these are classed as a change in circumstances as its always best to keeps you on the correct side with them.

 

(I you contact them by phone always follow it up with a dated letter referring to the call and want you informed them of and always keep a copy of the letter and get proof of posting from post office)

 

I am currently claiming JSA and have been signed off and advised to claim ESA instead

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