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TOPIC: Esa claim stopped, need advise on appeals process

Esa claim stopped, need advise on appeals process 1 month 1 week ago #197149

I've had my claim for ESA stopped, following a recent WCA medical. I've not recieved the
medical report yet to explain why I'd failed the assessment, so I can't put through an appeal
against the decision.
I'd like to know is what kind of financial support is available during the MR and potential appeal process. Can I still have sick notes issued from my GP with the appeal form, while awaiting the next decision.

My last assessment was back in 2013, so I'm sure what changes have taken place since then.
thank you

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Esa claim stopped, need advise on appeals process 1 month 1 week ago #197166

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.
The following user(s) said Thank You: hedzonxonx

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by Mrs Hurtyback.
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