esa singed off and told unable to sign jsa

had assessment on the 11th Aug 2015 was told i have no points so i want to the job centre and was told by the job centre to go back to the doctor ,this i did .doctor gave me a note for 3 months the DWP rang today 01/09/15 and told me i cant claim esa for that illness(sleep apnoea) i was an HGV driver and fell asleep at the wheel and crashed, so my HGV licence has been taken away please can any one advise on what i can do

Hi b,

Another problem is that since the end of March, you can no longer receive ESA in a fresh "repeat ESA claim" where you have previously been found fit for work unless you can show that you have a marked deterioration in your original medical condition or suffer from a different medical condition to such an extent that you are now considered to have Limited Capability for Work.

The problem that you are suffering has been caused by JC Plus telling you to make a fresh claim for ESA.

If you request a Mandatory Reconsideration (MR) of the fit for work decision, within one month of the date of the letter that you received informing you of the fit for work decision, you should then be able to sign on for JSA with "reduced conditionality" to your Job-seekers Agreement as advised by Gordon.

If you are to claim JSA, and you have little other choice if you need some income, you should not present a fit note to JC Plus whilst doing so.

Keep hold of the fit note, and continue to gain others from your G.P.

If your MR request is unsuccessful, you can then lodge an appeal directly with The Tribunal Service. (TS)

Once the TS have accepted your appeal, you can then revert back to ESA at the assessment rate until the date of your appeal hearing.

It is then that you should provide your fit notes to DWP ESA, but they will have to cover you for the medical condition that caused you to claim ESA originally.

If this condition was sleep apnoea alone, then you are going to struggle to be placed into The WRAG or The SG as advised by Gordon.

As already stated, if you have been found fit for work JC Plus cannot refuse to allow you to make a JSA claim, as long as you don't try to do so, whilst also being classed as unfit for work by presenting them with a fit note.

bro58