Help with letter to the DWP

On 1 September I wrote a letter to the DWP section dealing with my ESA claim. I informed them in the letter that my claim to ESA would end when my current fit note runs out and that I would ring them on 13 September to transition back to JSA under a restricted duties claimant commitment.

Since posting the letter the foot that was operated on has become infected and I have had to make another appointment with my GP. I will be seeing them on the day before my fit note runs out. As I can no longer weigh bear again without pain it is likely that I am going to have to ask for another fit note instead of switching back to JSA, for at least as long as it takes to get the infection sorted out. I may also need another minor operation.

If, instead of ringing up and switching to JSA on 13 September, I submit another fit note on 12 September would that submission stop them from closing my ESA claim based on the contents of my older (and clearly out of date) letter on the following day?

Advice on this issue gratefully received.

if you submit another sick note you should remain on the esa system just the same

the recorded effect should be an infection on the foot unable to bear weight upon foot

at one time you just signed on and the esa claim would transistion over to the jsa claim and visa versa if your upgrading onto esa

thats how it used to be

Admin wrote:if you submit another sick note you should remain on the esa system just the same

Thanks, that's my understanding of the situation too.

I would not actually take that as a given though.

I think the best approach might be to send in another letter to explain that there have been unexpected changes and your new FN reflects these.

I hope someone with better advice turn up.

This is purely my opinion as I'm not up on ESA etc., but given the fact that you told them you're fit to go back to JSA my gut feeling is that your current situation would be treated as new circumstances and probably require a new WCA. I hope this works out without much hassle for you Absolut.

ABC wrote:but given the fact that you told them you're fit to go back to JSA

I understand why you think that I told them I was 'fit' to go back to JSA but no such phrase appears in my letter. Indeed, I make it clear that any such transition would be under a "restricted duties" claimant commitment. Restricted duties means limited capability for work whether or not I am on ESA or JSA

All the statements in my letter were conditional and were related to a date in the future. I did, indeed, have every intention of closing my claim next week, but since then my health condition has deteriorated necessitating a trip to the GP.

At best, it can only be inferred that on 1 September I wrote that I would transition from ESA to JSA on 13 September. Any solicitor worth their salt would point out that holding someone to a conditional statement made 13 days earlier wouldn't get very far with a judge, particularly bearing in mind that 'sh*t happens'  

Anyway, my letter hasn't been acknowledged and why would it be seeing as it's something I plan to do, and they can do nothing until I ring them up. If they close my claim without proof that I rang them up to close my claim on 13 September then they would be guilty of an administrative error.

your current situation would be treated as new circumstances and probably require a new WCA

I've not had a WCA yet so no new one would be needed. The infection has been a direct result of the operation I had that appears on my current fit note and which now ensures that infections will continue to re-occur, so there are no "new" circumstances that I can see, merely a deterioration of the original medical condition.  

I hope this works out without much hassle for you Absolut.

Thanks, me too. I've written another letter which will be sent via the dole office this afternoon, making it clear that I will not be closing my claim. Even if they do close my claim they will simply have to re-open it again

helping_hand wrote:You are more than capable of explaining what has happened via a change of circs' letter!

Cheers, I have done exactly that

.......a word to the wise. I would be inclined to only tell the DWP anything on a 'need to know' basis (as in, you need them to know rather than they think they need to know) another time.

Anything you do should always come as a surprise to them, so that they have no opportunity to take prior action (whether their action follows a correct procedure or otherwise).

The art of stealth (from my SAS days)

Caker wrote:I would be inclined to only tell the DWP anything on a 'need to know' basis

Aye, that's good advice.