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ESA Review Due
- CHUNKY
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4 years 8 months ago #250022 by CHUNKY
Replied by CHUNKY on topic ESA Review Due
Just to be clear in my mind.
I send in ESA50 may well have to attend medical. If I fail the medical and found fit for work I need to appeal with an MR within 28 days? At this point does my ESA payment stop?
After MR I then need to appeal the MR at a tribunal with paper or face-to-face hearing.
Can I at some point still get ESA payments through this process or wait for back dating if successful at a tribunal.
Thanks
I send in ESA50 may well have to attend medical. If I fail the medical and found fit for work I need to appeal with an MR within 28 days? At this point does my ESA payment stop?
After MR I then need to appeal the MR at a tribunal with paper or face-to-face hearing.
Can I at some point still get ESA payments through this process or wait for back dating if successful at a tribunal.
Thanks
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4 years 8 months ago - 4 years 8 months ago #250024 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA Review Due
Hi synapse321
You are correct.
Once you put in your appeal, contact DWP and ask for your ESA to be put back in payment, you will only get the basic ESA without any premiums, if you win your appeal then it will all be backdated less any monies they have already received.
There has been a recent Court decision in regards to being paid whilst in the MR stage but I do not yet know when this takes effect, Gordon maybe able to shed some light on this.
Gary
You are correct.
Once you put in your appeal, contact DWP and ask for your ESA to be put back in payment, you will only get the basic ESA without any premiums, if you win your appeal then it will all be backdated less any monies they have already received.
There has been a recent Court decision in regards to being paid whilst in the MR stage but I do not yet know when this takes effect, Gordon maybe able to shed some light on this.
Gary
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Last edit: 4 years 8 months ago by Gary.
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4 years 8 months ago #250025 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Review Due
synapse
The Decision applies immediately as far as I am aware as it appears the DWP wlll not be appealing it.
For completeness, it only applies where a Fit for Work Decision has been made, ESA is not payable during an appeal if the claimant has failed to return the ESA50 of failed to attend an assessment.
I'm afraid I have to correct Gary, any Premiums that the claimant is eligible for are still payable during the wait for a Tribunal hearing.
Gordon
The Decision applies immediately as far as I am aware as it appears the DWP wlll not be appealing it.
For completeness, it only applies where a Fit for Work Decision has been made, ESA is not payable during an appeal if the claimant has failed to return the ESA50 of failed to attend an assessment.
I'm afraid I have to correct Gary, any Premiums that the claimant is eligible for are still payable during the wait for a Tribunal hearing.
Gordon
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The following user(s) said Thank You: Gary
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- CHUNKY
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4 years 8 months ago #250026 by CHUNKY
Replied by CHUNKY on topic ESA Review Due
Do you know how long MR's are taking?
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4 years 8 months ago #250027 by CHUNKY
Do you still get the premiums whilst waiting for a MR decision?
Replied by CHUNKY on topic ESA Review Due
Gordon wrote: synapse
The Decision applies immediately as far as I am aware as it appears the DWP wlll not be appealing it.
For completeness, it only applies where a Fit for Work Decision has been made, ESA is not payable during an appeal if the claimant has failed to return the ESA50 of failed to attend an assessment.
I'm afraid I have to correct Gary, any Premiums that the claimant is eligible for are still payable during the wait for a Tribunal hearing.
Gordon
Do you still get the premiums whilst waiting for a MR decision?
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4 years 8 months ago #250028 by Gordon
12-16 weeks.
Gordon
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Replied by Gordon on topic ESA Review Due
synapse321 wrote: Do you know how long MR's are taking?
12-16 weeks.
Gordon
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