With regard to the recent decision, I'm confused over what this actually means.
Will there now be a return to ESA payments during the MR process? Can you now apply for a Tribunal appeal without first having a MR decision or apply for both at the same time? Is this decision binding on the DWP? Or am I more confused than I thought?
As far as I am aware the DWP are not going to appeal the Decision, however, it is not clear yet how it will be implemented as the DWP have only just started doing WCAs again.
So the Decision applies only to ESA and only where the claimant would be eligible for the payment of the Assessment rate while appealing. It cannot be applied to any other benefit.
What it does is remove the requirement for an MR to be completed before an appeal can be requested.
It does not mean that ESA is payable when an MR is requested, the ESA is only payable when an appeal has been requested and accepted, what it now allows is an appeal to be requested as soon as a Fit for Work Decision is made rather than having to wait.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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