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request reinstatement of esa at assessment rate

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7 years 9 months ago #163905 by DavidF
Hi
Is it the case that you are not able to request reinstatement of esa at assessment rate following mandatory reconsideration if this is second time that you have been found fit for work.?
I thought that I had read this somewhere but am unsure where or if this is the case.
I would really appreciate it if you are able to clarify this.

Kind regards

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7 years 9 months ago #163914 by Gordon
David

If it is your second Fit for Work Decision in a row, then you are correct that you won't be paid the ESA Assessment rate.

If the Decision prior to the one you are appealing was not a Fit for Work one, then you should receive the Assessment rate even if you have had two or more FfW Decisions in total.

Gordon

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

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7 years 9 months ago #163946 by DavidF
Thank you for that.

Just another query, would this also be the case if the previous Fit for Work decision was overturned at Tribunal ?

Regards

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7 years 9 months ago #163959 by Gordon

DavidF wrote: Thank you for that.

Just another query, would this also be the case if the previous Fit for Work decision was overturned at Tribunal ?

Regards


No, a Tribunal re-makes the Decision so the Fit for Work Decision would cease to exist.

Gordon

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

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