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TOPIC: Payments re-instated when appeal has been lodged.

Payments re-instated when appeal has been lodged. 3 weeks 8 hours ago #201558

I have just had my Mandatory reconsideration turned down. I cannot believe it. All the points I felt were important and had been omitted by the HCP and the ones that were fabricated, I put into my statement and they have just ignored all of the points I made. I am now going to take it to appeal.
My question is:
I have just read 'If a decision is the first time you have been refused ESA, and you have been through the mandatory reconsideration process, and have lodged an appeal, you can ask for ESA (at the assessment phase rate) to be reinstated provided you can send in the sick notes to correspond with the period. ESA can be paid from the date you were first refused if the sick note is also backdated' IS THIS TRUE?[/b] and if it is how do you request/apply for this.
Thanks
Jane

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Payments re-instated when appeal has been lodged. 3 weeks 4 hours ago #201577

J

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Once your appeal is accepted by the Tribunal Service they will notify the DWP about the request, once the DWP have received the notice you can contact the ESA office that dealt with your claim and ask to have the ESA Assessment rate put into payment until you have your hearing.

If your Fit Note goes back to the day after your ESA was stopped then you should receive backdating of the ESA minus any benefits that you have received in the interim, for example JSA.

Gordon
The following user(s) said Thank You: Jane

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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