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Sea appeal
7 years 8 months ago - 7 years 8 months ago #168063 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Sea appeal
Hi and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I am sorry that you are going through this
If you wish to challenge this decision your first step will be to request a Mandatory Reconsideration.
You will have a better idea of why your claim failed if you have sight of the assessor's report. This will be an ESA85 if you had a face2face assessment (ESA85a if you did not) and you can get on on request to DWP.
You have only 1 month to get the MR request submitted so don't delay with this even if the assessor's report has not arrived. You can tell DWP that you disagree with the decision and will be sending in more information when you have seen the report. DWP should then give you a further 4 weeks to get the additional info to them (although we recommend you don't leave it this long unless absolutely necessary).
Don't forget that you will only gain an ESA award by showing how and why you meet the specific descriptors.
This is all explained in the ESA guide
ESA claims and appeals
You will not be paid ESA while the MR is undertaken. If you need money during this time, the only benefit available to you is JSA. You can claim this with a clear conscience as you have officially been found 'fit for work' and this supersedes your GP fitnote.
Once a JSA claim has been accepted you can submit your sick note for up to 13 weeks and will be excused JobSeeking activities during this time.
If you do not claim JSA you should keep the fitnote to one side. If this gets as far as appeal ESA can be paid at the basic rate again and payment will be backdated to the day after you were last paid, as long as you have fitnotes to cover the whole period.
May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return for further information when the assessment reports has arrived (or at any stage during the MR and appeal process) without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I am sorry that you are going through this
If you wish to challenge this decision your first step will be to request a Mandatory Reconsideration.
You will have a better idea of why your claim failed if you have sight of the assessor's report. This will be an ESA85 if you had a face2face assessment (ESA85a if you did not) and you can get on on request to DWP.
You have only 1 month to get the MR request submitted so don't delay with this even if the assessor's report has not arrived. You can tell DWP that you disagree with the decision and will be sending in more information when you have seen the report. DWP should then give you a further 4 weeks to get the additional info to them (although we recommend you don't leave it this long unless absolutely necessary).
Don't forget that you will only gain an ESA award by showing how and why you meet the specific descriptors.
This is all explained in the ESA guide
ESA claims and appeals
You will not be paid ESA while the MR is undertaken. If you need money during this time, the only benefit available to you is JSA. You can claim this with a clear conscience as you have officially been found 'fit for work' and this supersedes your GP fitnote.
Once a JSA claim has been accepted you can submit your sick note for up to 13 weeks and will be excused JobSeeking activities during this time.
If you do not claim JSA you should keep the fitnote to one side. If this gets as far as appeal ESA can be paid at the basic rate again and payment will be backdated to the day after you were last paid, as long as you have fitnotes to cover the whole period.
May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return for further information when the assessment reports has arrived (or at any stage during the MR and appeal process) without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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