EU nationals ESA and failed WCAs

EU nationals can claim ESA if they have retained worker status while temporarily incapacitated however what happens if they fail their WCA and then claims JSA, do they continue to retain worker status but as involuntarily unemployed in the following senarios:?

- They disagree with the WCA decision and request a mandatory reconsideration. They claim JSA during the mandatory reconsideration period before going back on ESA while waiting for the appeal.

- They agree with the WCA decision and claim JSA as they now wish to seek work.

You don’t need to be in receipt of a sickness benefit to be temporarily incapable of work due to illness. As long as the incapacity is temporary, you can retain your worker status.

Please correct me if I’m wrong.

If you claim JSA though aren’t you saying you are no longer unable to work while temporarily incapacitated? I had thought that once they claimed JSA they would either be a job seeker or retained worker status as involuntarily unemployed. I am keen to find out if they will retain worker status rather than be a considered a jobseeker as this impacts on their HB entitlement.

Esentially can you retain worker status by going on to JSA briefly for a mandatory reconsisderation,  or from changing from ESA to a normal JSA claim as you can now work, therefore retaining your HB entitlement as before?

I would say they retain their worker status - you can retain it when moving from JSA to ESA and vice versa and also over gaps (provided they are reasonable)  when nothing is claimed.