Still waiting the result of my ESA telephone assessment.
Just wondered with this business of migrating people onto UC.
If you fail WCA even though you may appeal can they make you claim UC? I understand that even if you win the appeal you still have to stay on UC. In a case like this would that be protected migration?
If you lost appeal then you are now stuck on UC, lose all/any premiums and if you were getting it lose SDP as well.
No one can make you claim State Benefits, you may need to due to financial needs but no one can make you claim UC.
If you are found Fit for Work then you can immediately appeal the Decision and receive the ESA Assessment rate until your appeal is heard.
You are correct, if you claim UC then you cannot return to ESA even if your appeal is successful, however, any award made by the Tribunal will be reflected in your UC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
