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ESA claim disallowed? after WCA
9 years 5 months ago #144645 by Woosiewoo34 
I had a call from DWP yesterday to inform me that I had failed my WCA and my benefits will stop immediately and I will have to now claim JSA.
Thing is I am still Technically employed. They are in the process of retiring me on health grounds. But apparently you can have 5 jobs but as long as I work less than 16 hours I can claim JSA?
So tomorrow I have to go to the JCP to have an interview. Even though I'm signed off work til Jan, and I've been signed off work for the past 15 months. I am waiting for my report to come through so I can see why I failed ESA and then I will appeal. Does claiming JSA go against me?
ESA claim disallowed? after WCA was created by Woosiewoo34
I had a call from DWP yesterday to inform me that I had failed my WCA and my benefits will stop immediately and I will have to now claim JSA.
Thing is I am still Technically employed. They are in the process of retiring me on health grounds. But apparently you can have 5 jobs but as long as I work less than 16 hours I can claim JSA?
So tomorrow I have to go to the JCP to have an interview. Even though I'm signed off work til Jan, and I've been signed off work for the past 15 months. I am waiting for my report to come through so I can see why I failed ESA and then I will appeal. Does claiming JSA go against me?
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9 years 5 months ago #144655 by Gordon
Claiming JSA will not go against you, even if it goes to appeal, they can only look at your health as it was at the time of the Decision, anything that you do after that cannot be considered, the downside to this is that if your health gets worse then that can't be considered either.
Have a look at ESA MR & Appeal guide on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
Just to be clear, if you do not need the money (it does happen
) then there is no legal requirement for you to claim JSA. If the Decision is not overturned at MR and you make an appeal then you can ask to be placed on the ESA Assessment rate once your request is accepted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA claim disallowed? after WCA
Woosiewoo34 wrote:
I had a call from DWP yesterday to inform me that I had failed my WCA and my benefits will stop immediately and I will have to now claim JSA.
Thing is I am still Technically employed. They are in the process of retiring me on health grounds. But apparently you can have 5 jobs but as long as I work less than 16 hours I can claim JSA?
So tomorrow I have to go to the JCP to have an interview. Even though I'm signed off work til Jan, and I've been signed off work for the past 15 months. I am waiting for my report to come through so I can see why I failed ESA and then I will appeal. Does claiming JSA go against me?
Claiming JSA will not go against you, even if it goes to appeal, they can only look at your health as it was at the time of the Decision, anything that you do after that cannot be considered, the downside to this is that if your health gets worse then that can't be considered either.
Have a look at ESA MR & Appeal guide on the following link
www.benefitsandwork.co.uk/help-for-claimants/esa1
Just to be clear, if you do not need the money (it does happen
) then there is no legal requirement for you to claim JSA. If the Decision is not overturned at MR and you make an appeal then you can ask to be placed on the ESA Assessment rate once your request is accepted.Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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