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ESA appeal
- Patrish
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6 years 9 months ago #192275 by Patrish
ESA appeal was created by Patrish
Hi, I am fighting for by son. His ESA has been stopped,we went to a medical and filled the forms in with extra medical issues that he has now. It was turned down at the mandatory reconsideration. We are now going to appeal. Has anyone any idea how long that could be? He only get £58 PIP payment per week not enough to to pay his rent and live on,so I am having to subsidise him. This can't go on much longer as I am a recycled teenager of 68 years !
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- Gordon
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6 years 9 months ago #192291 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal
Patrish
Providing this is the first time he has been found Fit for Work, then once his appeal has been accepted by the Tribunal Service and the DWP have received notification of this, then he should be able to claim ESA at the Assessment rate until his hearing.
He needs to contact the DWP office that was dealing with his ESA and make the request, he will also need to provide a Fit Note from the day after his ESA was stopped, this should allow a back payment to be made if he has not claimed JSA in the interim.
As to the appeal, waiting times are probably 3-4 months. He/you need to go through his ESA50, the assessment report (if you don't have this then it should be sent as part of the DWP's submission to the appeal) and our ESA Claim guides. You need to make sure that he has shown that he meets the criteria for an ESA award, these are very specific so don't be tempted to stretch them to meet his conditions.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any questions then please reply to this post and we will do our best to help.
Gordon
Providing this is the first time he has been found Fit for Work, then once his appeal has been accepted by the Tribunal Service and the DWP have received notification of this, then he should be able to claim ESA at the Assessment rate until his hearing.
He needs to contact the DWP office that was dealing with his ESA and make the request, he will also need to provide a Fit Note from the day after his ESA was stopped, this should allow a back payment to be made if he has not claimed JSA in the interim.
As to the appeal, waiting times are probably 3-4 months. He/you need to go through his ESA50, the assessment report (if you don't have this then it should be sent as part of the DWP's submission to the appeal) and our ESA Claim guides. You need to make sure that he has shown that he meets the criteria for an ESA award, these are very specific so don't be tempted to stretch them to meet his conditions.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have any questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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