esa appeal

Lyn Davis wrote: I was receiving esa and then it stopped, i am going through the appeal progress now but can i not claim while appealing

The law was changed last year and you can now only receive the ESA Assessment rate if you go onto to the appeal stage, your only option for payment during a Mandatory Reconsideration is to claim JSA. Once your claim has been accepted then you can present a new Fit Note and be excused from any job search requirement for up to 13 weeks. If you are in Universal Credit area, then you need to explain that you are challenging the ESA Decision and this may allow you to claim JSA instead, If you are in a UC Digital Service area then you will have to claim UC, you can still present a Fit Note but I believe the period you can be excused from Job seeking is significantly less.

Gordon

Lyn Davis wrote: I have been through the mandatory reconsideration appeal and am now putting in my appeal to the tribunal, my last payment was back in august and then just stopped. I can,t get universal credit as my husband has an income, which has left me with no income since being medically dismissed and my dr giving me a sick note every 3mths as unable to work. thanks for any help

Once your appeal has been accepted by the Tribunal Service and the DWP have been notified of this, you can ask to be put on the ESA Assessment rate, this would be payable from the date of the Fit for Work Decision providing that you have Fit Notes to cover the period.

The TS will write to you about your appeal, give it a couple of days for the DWP's copy to get to the right department and then contact the DWP office that dealt with your ESA claim to ask to be put back on ESA.

Gordon