please help!

Hi Rachel, Thanks for sympathy. I don't know what I shall do but my MP has just said that even though I believe I am not well enough for work I should claim JSA because the DWP can't tell me I am fit for work then tell me that I shouldn't have claimed it because I am not! There's logic in that, but I don't want to have to face Jobcentre plus every 2 weeks with all the pressure they will put on me. Anyway, back to your appeal, which needs to go better than mine! The copy report you have with mistakes on, hang on to it. This is really important because the tribunal will send you a copy later on. I assumed my 2nd copy was the same but learned to my distress, the night before the appeal, that mistakes I had pointed out to the DWP had been changed, by them or by ATOS - I can't prove it because I didn't keep the first copy, but I am certain it's so because I mentioned (when giving notice that I would appeal) that the ATOS assessor had said I have a stoma. I don't, and I know with absolute certainty that I did not misread it. Keep the original copy, whatever you do, so you can prove mistakes were made.

Hi Jules

I hate to say this, but your MP is wrong. The DWP can say that a claimant is fit for work, and then say that he shouldn't claim JSA because he is not!

The law allows you to claim that you are fit for work and claim JSA, whilst at the same time appeal against an IB/ESA decision because you disagree that you are fit for work. I think it is assumed that you are fit for work and accept that you are fit for work, but you are appealing just in case you are not!

However, if you know how you're feeling and were totally honest, you would have to tell JCP that you don't think that you are fit for work, in which case you can be refused JSA.

When I claimed JSA over the phone, I was honest and said that I don't feel fit for work, that's why I'm appealing. The Clerk from the DWP acknowledged that the law is contradictory but very kindly warned me that he hasn't started the interview yet, but when he does start it, if I say that I am not fit for work, the interview will have to end and my claim will not be processed.

There is a huge gap between being disabled enough to qualify for ESA, and being well enough to work full time. Unfortunately with the tests getting stricter, the gap is widening.

Best wishes

Derek

Thank you, Derek, that has really helped my thought process. Would you mind if I forward what you have said on to my MP, please? He is lib dem, he needs to know what is being done in his name....

Hi Jules

You're more than welcome to forward what I have said to your MP. It's probably about time that I start using my MP as well.

I should just add that I am not suggesting that you don't claim JSA. It is perfectly legal to claim JSA when you do not feel fit for work as you are 'legally' fit for work, and as long as you meet the requirements of looking for work.

A problem you could highlight when you write to your MP is that JSA is suppose to accommodate for people's disabilities. However if you fail to meet the basic labour market conditions, you fail to qualify for JSA, as job search restrictions cannot go so far as making it impossible to get a job. Therefore people who do not score enough points in the WCA but cannot work without unreasonable restrictions find themselves in no man's land.

In my particular example, I had a severe sleep problem, would go 60 hours without sleep, and have to sleep whenever I could. As JCP would not be able to find an employer that provides me with a bed in case I need to sleep, the best they could do was to allow me to look for Monday to Friday only jobs. This was presumably so that I could sleep on weekends.

I think I will follow your example and write to my newly elected Lim Dem, who kicked out Charles Clarke.

Best of luck

Derek

Hi Jules and Derek, your discussion is really eye opening. Unfortunately the boundaries were changed in my area and we went from having a Lib dem to a Conservative over night; I'm not going to write to him I'm afraid!
I decided to just stick on the appeals route and ignore JSA completely, I hope this is ok? I too sometimes need to instantly put my head down when tired; dash to the loo a lot and alternate standing, sitting and wlking around; lie in a darkened room when I have a migraine etc etc. Not sure what job I could do!

Jules, thankyou for your advice about the notes, I'll get them photocopied and whitnessed if I can, just incase. Lots of luck with your problems.
Rachel