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Muddle over ESA

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6 years 5 months ago #200097 by fiona sinclair
Muddle over ESA was created by fiona sinclair
HI my partner was recently found fit for work and removed from ESA to JSA. He is appealing the findings of the medical and assessment. The Job centre have informed him that if he gets a sick certificate from his GP he can go back on ESA but still get the JSA benefits . This seems to infer that he is being treated as a new claimant and therefore since the April changes will not get the old ESA allowance that terminated in September. However he argues that since he is appealing it is still an old claim and therefore he should be put back on the old ESA benefit until his appeal is heard by the tribunal... Where does he stand do you think?

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6 years 5 months ago #200118 by Gordon
Replied by Gordon on topic Muddle over ESA
Fiona

If he is still in the Mandatory Reconsideration phase, then he can present a Fit Note and be excused from his JSA Claimant Commitment for up to 13 weeks.

If he has appealed the Decision, then once the DWP receive notice of the appeal he can ask for his ESA to be reinstated at the Assessment Rate, this would not be a new claim, while he waits for his appeal hearing.

Gordon

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

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