Client refused ESA on R2R which we are appealing on basis he has permanent residence due to previously working continuously for 5 years etc. He has claimed JSA in the meantime but is also sending in sicknotes. Whilst you are not required to send in sicknotes whilst appealing a medical deicion for ESA I am not clear whether you do need to when client hasn't even got to the medical stage. If he sends in sicknotes we are concerned JSA wont be paid. If he wins R2R appeal will he then fail as not been sending sicknotes in?

Is the issue not going to be that if the ESA appeal is allowed that the period that ESA will be payable for is only up until the day before the JSA claim? Further if the appeal is allowed and a new claim for ESA is made i.e. end the JSA claim would a different DM not make the same decision unless the issue of permanent residence has been resolved?