- Posts: 51287
× Members
ESA
- Gordon
- Offline
Less More
11 years 8 months ago #109132 by Gordon
Both the DWP statements are correct, sort of!
They may be able to still appeal the Decision, as Bro posted previously, the issue is that it is outside of the normal one month limit so they will need to provide Good Cause as to why the appeal is late, which the DWP must accept as being reasonable before the appeal can proceed.
Assuming this happens, they will receive the ESA Assessment rate while they appeal, however, payment will be dependant on their providing a Fit Not from their GP, which ideally should cover them from the date that their IS payments were stopped. If the GP refuses to backdate, then it is likely that payment will only be made from the date on the Fit Note.
If the appeal is accepted then they should be able to close down the new claim for ESA, the new claim in itself will not prevent an appeal being lodged
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Karen wrote: Hi I contacted the DWP and appear to get different stories. Firstly they said The man was on income support which was stopped in March and that he was transferred to ESA but scored nil points so money was stopped.
I was then told by a different advisor that the mans benefit stopped in April when he last received a payment for incapacity benefit.
Before I wrote on here I assisted him to put in a new claim for ESA earlier this week so has he lost the right to appeal. Can he cancel the new claim and appeal instead or is it too late due to starting a new claim? If he can still appeal when does he need to get a sick note as I have read on the forum that GPs will not always backdate.
If he can appeal what could he get paid would it be incapacity or ESA assessment rate? This man has not had any money since April and has been living off his high dla.
Both the DWP statements are correct, sort of!
They may be able to still appeal the Decision, as Bro posted previously, the issue is that it is outside of the normal one month limit so they will need to provide Good Cause as to why the appeal is late, which the DWP must accept as being reasonable before the appeal can proceed.
Assuming this happens, they will receive the ESA Assessment rate while they appeal, however, payment will be dependant on their providing a Fit Not from their GP, which ideally should cover them from the date that their IS payments were stopped. If the GP refuses to backdate, then it is likely that payment will only be made from the date on the Fit Note.
If the appeal is accepted then they should be able to close down the new claim for ESA, the new claim in itself will not prevent an appeal being lodged
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Karen
- Topic Author
11 years 8 months ago - 11 years 8 months ago #109135 by Karen
Replied by Karen on topic ESA
Thank you for the advice this has caused me a great deal of worry and it must of caused the man a lot of stress too. I hope they will take into consideration the man had a relapse in his mental health and has no awareness of benefits so I don't think he would no what to do. I,m okay but even am finding it hard to understand. I am unsure whether the GP will backdate a fit note to March but I suppose itswrt asking. As he has been in hospital would the consultant be able to do a fit note for the time he was a patient?
Do you think it would be better to appeal rather than carry on with new claim?
Do you think it would be better to appeal rather than carry on with new claim?
Last edit: 11 years 8 months ago by bro58.
Please Log in or Create an account to join the conversation.
- bro58
11 years 8 months ago - 11 years 8 months ago #109138 by bro58
Hi K,
It may be possible for the G.P. to backdate the Med 3 see this extract :
Q. "When can I backdate a Statement of Fitness for Work?
A. A Statement of Fitness for Work (Med 3) can only be issued for a backdated period when it is based on a previous assessment.
An assessment is defined as the date you either had a face-to-face consultation, a telephone consultation or considered a report from another doctor or registered healthcare professional. You can issue a Statement on or after this date, but not before.
We recognise that there are some situations where your patient may ask for medical evidence to cover a backdated period for which there has not been a previous assessment. For example if your patient has not been appropriately issued with a Med 3 on discharge from hospital or at a previous consultation with another GP.
In these situations, you cannot issue a Med 3 for the back dated period. However, in order to be helpful to your patient you may wish to, either in the comments box of the Statement or in a separate letter, provide advice that the patient was not fit for work for an earlier period. You should ensure you have the appropriate information and evidence to justify this advice – generally this will be via a report or patient record. Employers and DWP can accept this advice as strong evidence of fitness for work for social security and Statutory Sick Pay purposes."
From this FAQ Document for G.P.'s :
www.dwp.gov.uk/healthcare-professional/f...tly-asked-questions/
I think it may depend how supportive the individual G.P. is.
bro58
Replied by bro58 on topic ESA
Karen wrote: Thank you for the advice this has caused me a great deal of worry and it must of caused the man a lot of stress too. I hope they will take into consideration the man had a relapse in his mental health and has no awareness of benefits so I don't think he would no what to do. I,m okay but even am finding it hard to understand. I am unsure whether the GP will backdate a fit note to March but I suppose itswrt asking. As he has been in hospital would the consultant be able to do a fit note for the time he was a patient?
Do you think it would be better to appeal rather than carry on with new claim?
Hi K,
It may be possible for the G.P. to backdate the Med 3 see this extract :
Q. "When can I backdate a Statement of Fitness for Work?
A. A Statement of Fitness for Work (Med 3) can only be issued for a backdated period when it is based on a previous assessment.
An assessment is defined as the date you either had a face-to-face consultation, a telephone consultation or considered a report from another doctor or registered healthcare professional. You can issue a Statement on or after this date, but not before.
We recognise that there are some situations where your patient may ask for medical evidence to cover a backdated period for which there has not been a previous assessment. For example if your patient has not been appropriately issued with a Med 3 on discharge from hospital or at a previous consultation with another GP.
In these situations, you cannot issue a Med 3 for the back dated period. However, in order to be helpful to your patient you may wish to, either in the comments box of the Statement or in a separate letter, provide advice that the patient was not fit for work for an earlier period. You should ensure you have the appropriate information and evidence to justify this advice – generally this will be via a report or patient record. Employers and DWP can accept this advice as strong evidence of fitness for work for social security and Statutory Sick Pay purposes."
From this FAQ Document for G.P.'s :
www.dwp.gov.uk/healthcare-professional/f...tly-asked-questions/
I think it may depend how supportive the individual G.P. is.
bro58
Last edit: 11 years 8 months ago by bro58.
Please Log in or Create an account to join the conversation.
- bro58
11 years 8 months ago #109139 by bro58
Replied by bro58 on topic ESA
Hi K,
With respect to whether better to appeal or make a fresh claim.
"The advantage of appealing rather than making a fresh claim, is that, if successful, you will maintain any Transitional Protection as you were converted over from IS. With a fresh claim, all Transitional Protection is lost."
From my previous post, here :
www.benefitsandwork.co.uk/forum?view=top...d=10&id=98940#109003
Also, a successful appeal would mean that the revised decision would be backdated to the time of the original adverse decision.
bro58
With respect to whether better to appeal or make a fresh claim.
"The advantage of appealing rather than making a fresh claim, is that, if successful, you will maintain any Transitional Protection as you were converted over from IS. With a fresh claim, all Transitional Protection is lost."
From my previous post, here :
www.benefitsandwork.co.uk/forum?view=top...d=10&id=98940#109003
Also, a successful appeal would mean that the revised decision would be backdated to the time of the original adverse decision.
bro58
Please Log in or Create an account to join the conversation.
- Karen
- Topic Author
11 years 8 months ago - 11 years 8 months ago #109451 by Karen
Replied by Karen on topic ESA
Hi I have completed the GL24, provided a supporting letter and the man I am helping is going to see his GP to get a it note hopefully backdated. Do you know how long it will take for the DM to decide whether they will accept a late appeal. Its late by 4 months. This man is not getting any money and the DWP will not pat short term advance benefit.
Last edit: 11 years 8 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
11 years 8 months ago #109454 by Gordon
The DWP should acknowledge the appeal request within 10 working days, it may take a little longer to start payment of the Assessment rate, so it is really important that you get a suitable Fit Note sent to the DWP as soon as possible, as payment cannot even be processed until one is registered on their system.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
Karen wrote: Hi I have completed the GL24, provided a supporting letter and the man I am helping is going to see his GP to get a it note hopefully backdated. Do you know how long it will take for the DM to decide whether they will accept a late appeal. Its late by 4 months. This man is not getting any money and the DWP will not pat short term advance benefit.
The DWP should acknowledge the appeal request within 10 working days, it may take a little longer to start payment of the Assessment rate, so it is really important that you get a suitable Fit Note sent to the DWP as soon as possible, as payment cannot even be processed until one is registered on their system.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Karen
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David