I don't have all the details but an acquaintance of mine, on going form Inc Benefit to ESA was told they were fit for work and has asked for a Mandatory Reconsideration. She applied for JSA but a respiratory complaint which she's been diagnosed with, which didn't for part of her original claim, has worsened and JSA have told her she can't receive JSA and should make a new claim for ESA.
Is that even possible? I thought JSA could have allowed her to sign on and put restrictions on her availability at least until the decision has been returned. Anyone have any advice on this. She has lower rate DLA but otherwise no money coming in.
Last edit: 10 years 2 months ago by . Reason: tick.
The DWP would only have refused your friend's JSA if they believed that they would be unable to fulfil even a reduced Job Search commitment, having been refused it is unlikely that they will change their minds.
However, if your friend's respiratory complaint was not detailed on their original ESA claim, then they can make an immediate new claim for ESA on the basis of a new condition, it is important that the GP makes it clear on the Fit Note that it is a new condition or the claim may be refused.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by . Reason: Added "not" to "was not detailed"
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