No ESA but no JSA either - what to do next?

I am in touch with someone who has been refused ESA, apparently because they dropped their previous claim last year as they thought they were fit enough to work. They then became too sick to work, (this is more than 6 months ago.)

The ESA people have also noted that the sicknote is only for one month and therefore they have said she would be expected to improve by then even though this is unlikely.

Anyway she has therefore then tried to apply for JSA instead but been turned away from that also because they can see from her Doctor's cert that she is not fit enough.

Meanwhile she has nothing to live on.

I have a feeling I have read of this before happening, maybe on here. I have advised that she write to her MP, and/or seek help from the CAB, but this seems to be a problem in the system.

Has this happened to anyone else here and what did they do to resolve it? It seems like a black hole.

Hi mermaid

To the best of my knowledge, she should be able to claim ESA if it has been over six months since she last received it.

When you say the sick note is only for one month, I presume you mean the doctor stated on it that he would not need to reassess her at the end of this period, as normally the DWP just ask you to send in a new medical certificate before it expires. Even if that is the case, I still don’t understand why she would not be entitled to ESA for a month if it has been more than six months since her last claim.

I can understand why she may not be able to claim JSA when her doctor has past her unfit for work, and she might need a medical certificate (they are now called a Statement of Fitness to Work) from her doctor to state that she is now fit for work in order to claim JSA. This would not be a good idea if she wants to claim ESA, so as you advised her, I think she needs to get advice from the CAB or another welfare rights agency.

An annoying contradiction in law is that if you claim JSA but say you don’t think you are fit for work, JSA is refused. Yet if you claim JSA but say you are appealing against an IB/ESA decision because you think you meet the threshold of incapacity to be legally accepted as incapable of work, which is exactly the same as saying that you are not fit for work, it’s no problem. They have to process your claim as fast as a claimant who claims to be fit for work!

Best wishes

Derek

Mermaid, Please try to get some urgent face to face advice from a welfare rights officer. They are usually based at your local council offices. Best Wishes.