ESA Appeal documents used over 12 months old ?

Nick wrote: I sent my appeal of to the tribunal service before Xmas and on 24th December I got a message saying they had received it and had 4 weeks to send my case to them. Ok, no problems with that.

I put on my appeal papers that I requested to be paid ESA whilst waiting for the tribunal (I have not put in a claim for JSA in the meantime) so I rang them today to ask if I would be paid and got some vague answers. Firstly the man said I needed to fill in a ESA 3 then changed his mind. He then said I needed to send in a "fit note" by post.

I was on IB/SDA for many years and never needed to supply "fit notes" and didn't realise that I had to supply one now to get a payments whilst I wait for the tribunal.

Please could someone advise me if this is correct? Do I now have to see my GP and get a "fit note" to send in so I can get temporary ESA before the tribunal?

Hi N,

Now that the Tribunal Service (TS) have accepted your appeal, you will need to obtain a Fit Note from your G.P. and send it in to ESA if you wish to revert to Assessment Rate ESA payments whilst awaiting your appeal hearing. (Keep a copy of the Fit Note/s)

Sending Documents to the DWP.

You will need to continue to obtain Fit Notes to cover you until the date of your appeal hearing.

Your first and second Fit Notes cannot cover a period of more than 3 months each.

The third and any subsequent Fit Notes can cover you for a period of 6 months or more.

To speed the process up, rather than posting it, you could contact JC Plus and pre-arrange to go in and have them scan your Fit Note to ESA.

If I am reading you correctly, and you have not made a claim for JSA, hence you have not received any JSA payments whilst the MR process was ongoing, if you can get the Fit Note back dated to the date of the fit for work decision, you should be entitled to Assessment Rate ESA from that date.

The active date of the fit for work decision should be in The ESA Decision Notice letter that you received informing you that you were fit for work and not entitled to ESA.

If your G.P. won't back date it until then, and there is nothing to stop them if they wish to, you will be entitled to ESA payments from the date of the Fit Note.

An ESA 3 Form (Sample ESA 3 Form) captures your financial and personal details and is generally used to see whether you have any entitlement to payment of Income Related (IR) ESA, such as : ESA Premiums.

An ESA 3 Form has nothing to do with assessing which group of ESA you may be placed into. (WRAG or SG)

ESA Premiums can be paid on top of ESA Assessment Rate if you qualify, even if your Assessment Rate ESA payments are Contribution Based (CB) ESA.

Even though : This Post also covers claiming JSA whilst an MR is ongoing, it also includes links and information on reverting back to ESA once your appeal is accepted by The TS.

bro58

You should have claimed JSA, I did, it wasn't hard, job searches done in 20 mins per day online and they were happy with it. Also while on JSA if you get DLA you would also get a Disability Premium £105.35 weekly. You wont get Disability Premium while on ESA Assessment Rate £73.10 weekly, and thats why I stayed on JSA during Appeal to Tribunal.

I was never asked at Tribunal about using a Wheelchair, but my issues also inc a torn shoulder tendon. If you can get a letter from GP it would help tho. If you can get any old letters from GP/Consultants it will help. 1 of mine was from 1997 saying I could only walk 25 metres. This was accepted by Tribunal. Also any letters which say "patient claims" will be deemed GP/Consultants opinion aslong as they do not say they disagree with it. That was also in my Tribunal, Welfare Rights Officer told them a new directive says they must accept it as GP/Consultants opinion and Judge agreed the new directive says this.