DWP say your going on JSA YOUR NOT SICK

Jacqui

Is this the result of an ESA assessment, our previous conversations have been in regard DLA?

ESA looks at the claimants problems in 19 areas ranging from their ability to walk to whether they can eat, from their ability to carry out task to the ability to socialise. There are also "catch all" Regulations which cover the risk of harm that a claimant or other might face if they are found Fit for Work.

To be awarded ESA a claimant needs to score a minimum of 15 points for the Work Related Activity Group or one or more of the Support Group Descriptors. See our ESA Claim Guides for more information.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If your son has been found Fit for Work and you believe he meets the criteria for an award then the only way forward is for you to request a Mandatory Reconsideration, have a look at our ESA MR & Appeal guide for details of the process and template letters that you can use to make the request (same link as above).

Claimants challenging an ESA Decision are not entitled to any payments until they have reached the appeal stage, your son can claim JSA (but it is not a requirement), without it reflecting on his eligibility for ESA, he should be able to negotiate a reduced commitment in regard to job seeking.

You should request a copy of the ESA assessment report, this will be an ESA85 if he had a face to face assessment and an ESA85A if he did not, the request can be made over the phone to the DWP office that dealt with his claim, but you should follow it up in writing.

If you have any further questions about this ESA claim then please reply to this topic rather than any of the others that you have used before.

Gordon

Jacqui

Forgive me but I am confused by your latest post

You say this is a new claim, for ESA or JSA?

If it was for ESA has he been found fit for work?

You say he has been told "a medical can take a year", you cannot be found Fit for Work without an assessment (they are not medicals) being done!!!

Has he claimed ESA before and been found Fit for Work?

Gordon

Jacqui wrote: The doctors have signed him off not fit for work, someone at the DWP office told him he will be going on ESA he has all the sick notes from the doctor but they are now telling him that he IS FIT for work but all thay have seen are his sick notes he has had no medical at all yet they said he will have to go on JSA as he will have to wait a year for medical

I am afraid there is still something vital missing from the "story", is it possible that your son has misinterpreted what he has been told?

Is this his first claim for ESA?

has he received an ESA50?

Have you spoken to the DWP yourself about the situation, you will need your son to be present to answer the security questions and authorise the DWP to speak to you unless you are his appointee?