jsa

if esa withdrawn due lack of points and appeal also fails and you are told to claim jsa how can you do this if you feel you are still unfit for work. if you claim jsa you are claiming to be available for work. do you just lie and claim jsa even though you are not really fit enough.

You can claim ESA again.

At least if you are stuck on the assessment phase of ESA at £67.50, you won't have to sign on.

Keep at them, you know your conditions and how the effect your abilitiy to work, best of luck.

Ranald

i thought that once you had had your esa withdrawn if you still felt you were unfit you could not claim esa again for 6 months despite a sick note from your gp stating that you are still unfit for work

Steve, I already answered your question below.

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=61839#61843

Please do not start new threads on the same question/subject as it causes confusion to members and moderators.

Derek

Sorry Steve, I just realised it is a different question, but it would still be preferable to have it in the same thread.

Most appeal hearings take place more than six months after the DWP decision so you would be able to claim immediately.

If you did have to claim JSA and say that you are fit for work, you are claiming to be fit for work in a legal sense. Being found not to have limited-capacity for work (denied ESA) is accepted as being fit for work, so you would not be lying. And hopefully it wouldn't be long before the six months rule expires and you can claim ESA.

You can also claim immediately if you health deteriorates significantly but you are likely to need medical evidence from your GP. It's quite hard to figure this regulation out because if a GP considers you unfit for work, in the light of the Atos medical report, your health must have deteriorated!

Good luck

Derek