Assessment 3 months after wining ESA tribunal?

ESA Assessment and Mandatory reconsideration failed.
Which way to go next?
Yes I am appealing, have all the guides saved, CAB appointment made etc.
All my funding has been stopped, I have no income but some savings left to tidy me over for a couple of months.
But which way to go next? Wait for Appeal request before asking for ESA again, or try Income support? Job seekers allowance defeats the purpose of being ill. I have no idea which route to take or what loops I'll have to jump through with any of them.
Feeling a little overwhelmed and unable to make decisions.

Thank you for your reply Gordon.
I received 6 points in total, so was found fit for work. The fact that I can't repeat activity without having to rest for hours was ignored, as well as many other things. I'll spare you the details.
So what you say is the only way to get some income is to apply for JSA? I thought I could go back on ESA (assessment rate) after an appeal is lodged, without it being a new claim? Or am I confusing myself?
Ana

ana wrote: Thank you for your reply Gordon.
I received 6 points in total, so was found fit for work. The fact that I can't repeat activity without having to rest for hours was ignored, as well as many other things. I'll spare you the details.
So what you say is the only way to get some income is to apply for JSA? I thought I could go back on ESA (assessment rate) after an appeal is lodged, without it being a new claim? Or am I confusing myself?
Ana

Hi a,

The only way that you can obtain some "income" from benefits is to claim JSA whilst the Mandatory Reconsideration (MR) process is ongoing.

Once you have gone through The MR process, and received the written MR Notice letter, if unsuccessful you can then lodge an appeal directly with The Tribunal Service (TS) using the MR Notice and : The SSCS 1 Form.

This is explained in our : ESA Appeals/MR Guidance @ page 12.

Only once the TS have accepted your appeal can you revert back to ESA from JSA and receive assessment rate ESA payments.

You should be able to apply for JSA with reduced conditionality to take into account your limitations/disabilities.

You should obtain fresh fit notes from your G.P. to cover you from the date of the fit for work decision.

If you are to claim JSA keep hold of the fit notes and only present them to the DWP if/when you are to revert back to ESA.

The DWP should then close your JSA claim and ESA should be paid instead.

If you can manage through the MR process without claiming JSA, again, keep hold of the fit notes, then when you are reverting back to ESA present them to The DWP.

You should then be paid Assessment Rate ESA from the date of the fit for work decision (covered by the fit notes) to date.

N.B. Obviously you cannot be paid JSA and ESA to cover the same period of time, it is one or the other.

See also : Mandatory Reconsiderations Explained

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

As Gordon says, claiming JSA with reduced conditionality during the MR process should not have any adverse effect on your ESA MR/Appeal.

That is the way that it has been for some time.

See a previous post on this issue : Here.

Hope that helps !!

bro58

Hi Gordon

Worry not, I can barely think straight myself, specially under stress.
Wonder if my Dr will back date a fit note, considering my usual GP retired and the one I'm seeing tomorrow, well, it's our first meeting......we shall see.
Whatever the case now I know the path to take.
Thank you that is helpful.

Ana