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TOPIC: esa appeal

esa appeal 1 month 3 weeks ago #170112

I was receiving esa and then it stopped, i am going through the appeal progress now but can i not claim while appealing
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esa appeal 1 month 3 weeks ago #170133

  • Gordon
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  • Forum Moderator
Lyn Davis wrote:
I was receiving esa and then it stopped, i am going through the appeal progress now but can i not claim while appealing

The law was changed last year and you can now only receive the ESA Assessment rate if you go onto to the appeal stage, your only option for payment during a Mandatory Reconsideration is to claim JSA. Once your claim has been accepted then you can present a new Fit Note and be excused from any job search requirement for up to 13 weeks. If you are in Universal Credit area, then you need to explain that you are challenging the ESA Decision and this may allow you to claim JSA instead, If you are in a UC Digital Service area then you will have to claim UC, you can still present a Fit Note but I believe the period you can be excused from Job seeking is significantly less.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa appeal 1 month 3 weeks ago #170192

I have been through the mandatory reconsideration appeal and am now putting in my appeal to the tribunal, my last payment was back in august and then just stopped. I can,t get universal credit as my husband has an income, which has left me with no income since being medically dismissed and my dr giving me a sick note every 3mths as unable to work. thanks for any help
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esa appeal 1 month 3 weeks ago #170202

  • Gordon
  • OFFLINE
  • Forum Moderator
Lyn Davis wrote:
I have been through the mandatory reconsideration appeal and am now putting in my appeal to the tribunal, my last payment was back in august and then just stopped. I can,t get universal credit as my husband has an income, which has left me with no income since being medically dismissed and my dr giving me a sick note every 3mths as unable to work. thanks for any help

Once your appeal has been accepted by the Tribunal Service and the DWP have been notified of this, you can ask to be put on the ESA Assessment rate, this would be payable from the date of the Fit for Work Decision providing that you have Fit Notes to cover the period.

The TS will write to you about your appeal, give it a couple of days for the DWP's copy to get to the right department and then contact the DWP office that dealt with your ESA claim to ask to be put back on ESA.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: Lyn Davis

esa appeal 1 month 3 weeks ago #170622

hi do i need a representative at my esa tribunal or can my husband come in with me, very nervous and not good with meeting people and talking in front of people
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esa appeal 1 month 3 weeks ago #170640

Hi Lyn,

I have merged your query with the previous topic relating to your ESA appeal. Please keep all questions and comments in the same topic so that we can see what has already been asked/answered. You will find it easily in future if you bookmark/favourite it on your web browser now.

Very few people are able to get a representative to go to appeal with them, so you should not be disadvantaged if you do not have one. Your husband will be allowed to accompany you but the panel will want to hear from you as much as possible.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 month 3 weeks ago by Mrs Hurtyback.
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The following user(s) said Thank You: Lyn Davis
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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