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Esa claim stopped, need advise on appeals process
6 years 7 months ago - 6 years 7 months ago #197166 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Esa claim stopped, need advise on appeals process
Hi Hedz,
I'm sorry your claim was refused
Your first step in getting this changed is to request a Mandatory Reconsideration. This must be with DWP within 1 month of the date on the decision letter.
Even when the assessor's report has arrived, you should be careful not to fall into the trap of arguing against every word of the report but still not showing exactly how/why you should have been awarded points against the descriptors.
Our ESA guides have one dealing with appeals and mandatory reconsiderations and this should be your first port of call.
I'm afraid the options are very limited for money while this is being undertaken. If you need money straight away, your only option is to claim JSA. You have been declared 'fit for work' so you are legally entitled to claim.
Once your claim has been accepted you should be able to present a fitnote and be excused from jobseeking activities for up to 12 weeks. Please note that you should not present your fitnote until the claim is active, otherwise it will be refused.
If this gets as far as appeal, you can start to be paid basic rate ESA again once the Tribunal Service have notified DWP that they have accepted your appeal.
You need to get sicknotes from the day after your claim was closed and either present them to DWP for JSA or hang onto them until such time as ESA can be paid again.
If you are on housing benefit, this too will stop. However, it can be restarted quickly if you contact them and ask to claim on the grounds of low income.
NB Things are a little more complicated if you are in a full UC area. If this is the case, please come back and ask Gordon for advice.
I'm sorry your claim was refused
Your first step in getting this changed is to request a Mandatory Reconsideration. This must be with DWP within 1 month of the date on the decision letter.
Even when the assessor's report has arrived, you should be careful not to fall into the trap of arguing against every word of the report but still not showing exactly how/why you should have been awarded points against the descriptors.
Our ESA guides have one dealing with appeals and mandatory reconsiderations and this should be your first port of call.
I'm afraid the options are very limited for money while this is being undertaken. If you need money straight away, your only option is to claim JSA. You have been declared 'fit for work' so you are legally entitled to claim.
Once your claim has been accepted you should be able to present a fitnote and be excused from jobseeking activities for up to 12 weeks. Please note that you should not present your fitnote until the claim is active, otherwise it will be refused.
If this gets as far as appeal, you can start to be paid basic rate ESA again once the Tribunal Service have notified DWP that they have accepted your appeal.
You need to get sicknotes from the day after your claim was closed and either present them to DWP for JSA or hang onto them until such time as ESA can be paid again.
If you are on housing benefit, this too will stop. However, it can be restarted quickly if you contact them and ask to claim on the grounds of low income.
NB Things are a little more complicated if you are in a full UC area. If this is the case, please come back and ask Gordon for advice.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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