Refused both ESA and JSA!

I have a chaotic young drug-user who missed two medicals and had her ESA claim closed. The DWP reconsidered but didn’t change the decision and this is currently pending an appeal. She can’t claim ESA while appealing because she didn’t actually fail the WCA. In the meantime she claimed JSA but her support worker has just informed me that she has been refused this because they feel that there is no realistic chance of her working!
So where to go from here? I was hoping that she could get a med cert with a different illness (depression etc) linked to her drug use but her support worker says her doctor is not willing to do this.
In the meantime she seems to be in limbo with no money at all? Any advice please?
Thanks.

The commentary at Page 984 in Vol 1 of Social Security Legislation 2009/10 (We don’t have the 2010/11 books yet!) covers the effect of the effect of a finding of lack of good cause in failing to attend a medical:

‘The effect of a finding of lack of good cause precludes benefit until a new claim is submitted and a new period of incapacity for work begins…
… It may also prevent a claimant under reg 30 as incapable of work pending a limited capability for work assessment. However, if the claimant is found to have limited capability for work in that assessment, benefit can be backdated to the beginning of the period covered by the new claim or application.’

In other words the client CAN reclaim ESA and ask for it to be backdated to the date that the previous claim ended. BUT then they have to push for a medical as soon as possible because the DWP may not pay out under the new claim until there is evidence that the client has LCW because it is within 6 months of a previous ‘determination’.

If the client fails the medical then the new claim will be refused, but they should at least be able to claim while appealing THAT decision.

Basically though either way you’re talking about no money until after the medical!

The best option is the one that’s been tried - getting medical evidence of a new condition OR significant worsening.Despite what the DWP and a depressingly large number of Tribunals believe, the vast majority of GPs won’t say someone’s got a condition they don’t have just to get them money, but equally if they see that the client IS getting more stressed they should be more supportive - the client needs to be telling the GP how they feel. Remember - it doesn’t have to be a new condition - increased drug use to cope with the stress could count as a significant worsening

With JSA they have to insist that they’re available for and actively seeking work or they get nowhere. If a person does have LCW but wants to claim jobseekers then they can - under ESA reg 31 - so long as they can demonstrate that they have a reasonable prospect of work, BUT since the DWP are already treating this client as not having LCW then refusal shouldn’t be based on reg 31 - more likely to be something like:
DWP: Are you fit to work?
Client: No
...
I’ve been assured by our regional DWP Liaison manager that further training is planned for DWP PAs to ‘sensitively explore’ work capability with claimants in such cases rather than simply refuse JSA, so if JSA is the only option then try contacting the local ‘customer services champion’ or whatever they’re called this week. Remember - there are plenty of jobs out there that your client could do….............................. (er? OK - That’s the bit that might need some creative thinking!!)

I had the exact same problem, and asked for a revision on both counts. I hinted that i would request a judical review on the “good cause” as i felt it was being unfairly applied, as well as hinting that i would raise the issue with the Independent Case Examiner.

Strangely, good cause was suddenly accepted and a new medical appointment letter was sent to both myself, the client and his support worker!