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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Re-opening ESA claim

PCLC
forum member

Benefits Supervisor - Plumstead Law Centre, London

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Total Posts: 240

Joined: 16 June 2010

This is the situation;

EU national client, diagnosed with paranoid schizophrenia. Worked on and off but then for 9 months f/t from Aug 2012 to May 2013. Then has breakdown, hospitalised and loses job.

On discharge after a few weeks she claims IBESA. Not enough NI for CJSA. Refused in a R2R decision in Sept 2013.

She lives on her DLA then reclaims ESA in April. Refused 3 weeks later due to R2R again, then out of desperation claims JSA from 20/05/14.

Guess what? Classed as EU jobseeker so no HB.

She then comes to me in late July as lack of HB leading to rent arrears. I see what’s gone on so challenge Sept 2013 R2R decision as it is completely wrong. Revision in her favour.

We then supply all med certs from last one in Sept 2013 to date, inc during her JSA claim. She comes off JSA in Sept.

ESA have now paid all arrears from claim in July 2013 to start of JSA claim on 20/05/14. They say she has to reclaim her ESA now due to her JSA claim - this will mean another R2R decision and more delay.

I ask why they cannot just “over-ride” the JSA claim as if it were not for the diabolical R2R decision in Sept 2013 she would never have had to claim JSA in the first place.

Any thoughts?

Cheers all