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ESA Medical Failure

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7 years 2 months ago #179335 by Pedropete
ESA Medical Failure was created by Pedropete
Hello these are probably obvious questions but its for a friend and I don't want to give him wrong advice as its a 3-4 week wait for an appointment at his CAB.

My friend is in WRAG and had a medical a couple of weeks ago. He got a phone call on Saturday saying he was no longer on ESA as they had failed him (or words to that effect). He will want to appeal but will need to be on a benefit to continue his housing benefit.

My questions are: Does he wait for the letter confirming this or should he apply for JSA straight away as I guess his housing benefit is stopped automatically?

Is it right that he gets the failure letter, than asks for a Mandatory Reconsideration and when he gets the answer (and assuming its failure again) he can then put an appeal in and ask to be put on the assessment phase of ESA? Does he get sick notes straight away to give to the job centre or as I've read on here some staff will say you can't claim JSA and give sick notes in as well or does he just wait until he puts an appeal in and is asking to be put on the assessment rate then get the sick notes?

Sorry for all the long winded questions.

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7 years 2 months ago #179360 by Gordon
Replied by Gordon on topic ESA Medical Failure
Pedropete

His Local Authority will have been notified electronically so may cancel his HB before he received the ESA Decision Letter. As an interim solution he can make a claim for HB on the basis of nil income, but it will be easier if he has a JSA claim.

If he claims JSA, once it is in payment he can present a new Fit Note and be excused from any Claimant Commitment for up to 13 weeks. If he is in a UC areas then the rules are different. To be clear he must not present the Fit Note when making the JSA claim or it will be rejected.

If his MR fails and he appeals, then once the DWP have received written notice of this then he can request to be put back onto ESA at the Assessment rate. He will need to provide Fit Notes in order to receive payment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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