Switching Benefits Advice

[tomredsquirrel14]

Hey Everyone, My name is Tom. This is my first post on this forum. I am just looking for a little advice. Okay, some background information. I was claiming ESA till June this year. I went for one of those dreaded ATOS medicals no surprised I failed scored 0 points. I got took off ESA. I then asked for a Mandatory reconsideration.

 

 

In the Mandatory Reconsideration I got a phone call from the DWP and I went from 0 to 9 points but I am still short. During this time I had no option but to claim JSA to get some income.

 

 

I have appealed. I got a letter from the HM Courts & Tribunals service stating that they are making arrangements for my ESA appeal to be heard by an independent tribunal.

 

 

My question is what happens now...How do I sign off JSA and claim ESA? Can I still claim JSA and wait for my appeal to be heard? I sign on tomorrow should I tell my employment advisor? And, If I sign off tomorrow will I still get paid this week? Sorry for all the questions.

Any help appreciated

[honeybee13]

Hello Tom and welcome to CAG.

 

The forum guys should be along later with advice for you. Weekends are always quieter here, please bear with us until they're able to get here.

 

My best, HB

[Nystagmite]

Hi,

 

It sounds like you reconsideration has failed. You are now able to sign off JSA and claim ESA again. But you have to send fit notes (sick notes) in.

[Lapsed Workaholic]

Hello Tom, and welcome to the forum.

 

 

You ask what happens next:

 

 

You say that you got a reply from the tribunal saying that they will hear your case, that's a good start.

 

 

The Tribunal office will have sent a copy of your appeal to DWP. The DWP will then have to send the Tribunal office copies of all the information that they have relevant to your case.

 

 

You will shortly be receiving a copy as well of all the information that DWP send to the Tribunal offices, if you haven't already. All that will help you to build your case ready for the hearing and you will have a good idea what their arguments are.

 

 

In the meantime there will be no change in your circumstances. Although I wish you all the best you haven't won until the Tribunal says you have won.

 

 

Good Luck!!!!

[tomredsquirrel14]

Thank you all for your reply's. I appreciate your help. Yes, I did fail my Mandatory reconsideration I scored 9 points. If I signed off today and claimed ESA does anyone know how long it will take to process? Also, if I signed off today would I still be paid this week? I am due to get paid on Thursday. Final question would the Job centre plus put my ESA claim in for me or do I have to personally contact DWP myself?

Thank you all

[Ros1609]

Don't sign off today. Until your appeal has been won (good luck) there will be no change in your circumstances and if you sign off you will not receive any money from JSA or ESA

[reallymadwoman]

You can claim ESA at the assessment rate whilst waiting for your appeal to be heard. Personally, I would make sure you have an up to date sick note and wait until after you are paid on Thursday, then phone and change back to ESA.

[tomredsquirrel14]

Thanks Reallymadwoman, That sounds like good advice. I have already signed on today. I get paid Thursday. On Friday, I will get my sick note and then call the DWP and ask if I can change back to ESA.

Just one last question if I may...Is changing to ESA done instantly or does it take a few weeks to process?

 

 

Thanks Guys

[reallymadwoman]

I don't think anyone could answer that question - it depends on so many variables it's impossible to say. If it's a straight forward change and there's no backlogs at your benefit office there's no reason why it shouldn't be done pretty much straight away.