ESA Medical Scored 0 Points Fail!

[Braveheart2009]

Hi,

 

Looking for some advice.

 

I had a medical assessment now I got 0 points. I understand I can claim JSA and do a mandatory reconsideration, however the JSA claim online states you must not have received ESA within 1 calendar month? So, must I wait 1 whole month before applying?

 

Thanks.

[unclebulgaria67]

Hi,

 

Looking for some advice.

 

I had a medical assessment now I got 0 points. I understand I can claim JSA and do a mandatory reconsideration, however the JSA claim online states you must not have received ESA within 1 calendar month? So, must I wait 1 whole month before applying?

 

Thanks.

 

Surely in the letter received from DWP explaining that your ESA claim will be closed, it tells you what you need to do in regard to claiming JSA ?

 

I can't see that you would have to wait 1 month. Just apply for JSA and provide all of the information. If you read threads on here, the job centre staff know what the score is regarding those previously on ESA who are applying for reconsideration. They can make sure there is no gap in benefits being received and deal with you as someone who might go back on ESA if your appeal is successful.

 

Edit - perhaps the 1 month presumes that you have been given 1 months notice and money on your ESA.

[tommy456]

Hi,

 

Looking for some advice.

 

I had a medical assessment now I got 0 points. I understand I can claim JSA and do a mandatory reconsideration, however the JSA claim online states you must not have received ESA within 1 calendar month? So, must I wait 1 whole month before applying?

 

Thanks.

Never heard of this, Can you please post a Screen grab of this offending info, with the web address?

As far as i and i suspect most of us know you can start a JSA claim on the day after the ESA ceases and the same in reverse,

 

 

Appeals against decisions that claimants are not entitled to employment and support allowance (ESA) because they do not have ‘limited capability for work’ continue to dominate the work of many advisers and the First-tier Tribunal’s Social Entitlement Chamber.

Until recently, the effect on claimants of delays in the determination of appeals was mitigated by the provision for payment of ESA (albeit at the ‘assessment phase’ rate) while an appeal is pending against most limited capability for work decisions. The introduction of the requirement for ‘mandatory reconsideration’ (MR) prior to the acquisition of the right of appeal from 28 October 2013 means that claimants face the prospect of being paid no benefit until the MR has been completed, as there appears to be no provision for payment of ESA until an actual appeal has been submitted. Significantly, there is no statutory time limit within which the DWP must complete an MR, so claimants disputing a limited capability for work decision could face lengthy periods of non-entitlement to ESA during a MR.

ESA during a dispute

 

The law only appears to provide for the payment of ESA pending an appeal (but not pending a MR) of a decision that a claimant does not have limited capability for work.1 The government has recently confirmed, however, that once a claimant has appealed, ESA can be backdated to cover the full period of the MR.2 It is, therefore, in a claimant’s interest that the MR is carried out as quickly as possible to enable ESA to be reinstated and any arrears paid, either as a result of a favourable MR, or the lodging of an appeal following an unfavourable MR.

The government has indicated that in straightforward cases, where no further information is needed, the MR of an ESA disallowance could be completed in about 14 days.3 In such a scenario, claimants could potentially have their ESA restored with little or no gap in payment (precluding the need to claim jobseeker’s allowance (JSA) – see below). It may, however, be in a claimant’s interest to obtain and submit further evidence to increase the prospect of a favourable MR and avoid the need to pursue an appeal. This is likely to delay the MR process, however, creating a tension between minimising delay and maximising the prospect of a successful revision.

The length of time it takes to complete a MR dependents on DWP efficiency and staffing levels, but there is potential for claimants to minimise delay in getting ESA restored by taking account of the following factors.

Timely requests for reconsideration

 

It is clearly vital to submit the MR request as soon as possible. Although the one-month statutory time limit can be extended by up to 12 months in special circumstances, it is for the DWP to decide whether it is reasonable to accept a late application (although ignorance of the time limits must no longer be disregarded, nor the merits of the application taken into account, when the DWP is making a decision).4 Also, according to the DWP, there is no right of appeal against a refusal to accept a late application for MR.5

 

 

http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

Edited April 10, 2017 by honeybee13
Long quote abridged and link added.

[Braveheart2009]

This is what I get when trying to make an online claim criteria? Is it different from a paper or phone application? can you still make a paper application for JSA?

 

image hosting

[honeybee13]

Tommy, could you add a link to your information in post #3 please?

 

HB

[tommy456]

Tommy, could you add a link to your information in post #3 please?

 

HB

http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

[tommy456]

This is what I get when trying to make an online claim criteria? Is it different from a paper or phone application? can you still make a paper application for JSA?

 

image hosting

 

To claim JSA following A FFW decision you will have to ring their call centre and book an appointment at your local JC+ (Job centre) and make the claim in the JC+( try 0800 055 6688)

[honeybee13]

http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

 

Thank you.

 

I've edited the article down a bit and added a link to CPAG.

 

HB