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TOPIC: ESA WCA incoming. Take any new documentation?

ESA WCA incoming. Take any new documentation? 2 weeks 6 days ago #201721

Long time reader, first time poster.

I got my appointment for my ESA WCA today, and have a couple of questions.

1. If I used your template to request the assessment be recorded. Do I need to follow this up and ring them to make sure this is in place?

2. In the booklet that came with the appointment letter, it mentioned bringing any further documentation. Would it be worth getting a letter from my GP? If so, what exactly should it contain? I am aware a general overview of my issues might not be viable.

3. As a natural cynic, I am assuming I will get refused. What happens next? I assume ESA payments stop from the date the DM makes their decision. What is the process to keep a bit of money coming in while I go through the MR process? Apply for JSA/UC but supply fit note?

4. If the MR is unsuccessful, is the next step an appeal? Just trying to get an idea of the time line.

I have downloaded the ESA docs, but a little help with these pertinent questions will hopefully calm my frazzled nerves.

Thanks.

Jamie

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ESA WCA incoming. Take any new documentation? 2 weeks 5 days ago #201737

jmaok

1. I would check a couple of days before the appointment, they sometimes have problems getting hold of the equipment to do the recording. Be aware, you cannot insist the assessment is recorded and the DWP have said that they will not accept it not being recorded as Good Cause for missing the appointment.

2. More evidence is always good, but for it to have any value the letter needs to address your limitations in regard to the ESA activities, one that says that you are not Fit for Work is of no value.

3. If you are refused then your ESA stops immediately. The first stage to challenging a Decision is to request an MR, you are not entitled to ESA while this is happening but you can claim JSA or Universal Credit as a replacement. If the MR is unsuccessful then you can appeal, the ESA Assessment rate is available while you wait for a hearing.

4. See above

Gordon

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

ESA WCA incoming. Take any new documentation? 2 weeks 5 days ago #201788

Thanks for the reply, Gordon.

In relation to point 3.

3. If you are refused then your ESA stops immediately. The first stage to challenging a Decision is to request an MR, you are not entitled to ESA while this is happening but you can claim JSA or Universal Credit as a replacement. If the MR is unsuccessful then you can appeal, the ESA Assessment rate is available while you wait for a hearing.


If I have it right, it would go:

Lose decision > MR > Lose MR > Request hearing tribunal (ESA assessment rate kicks back in)

If one can claim JSA/UC while waiting/submitting a MR, how does that work with ESA being paid (at assessment rate) when you request a hearing/tribunal? Does the JSA/UC claim get stopped once the hearing has been requested?

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ESA WCA incoming. Take any new documentation? 2 weeks 5 days ago #201810

Jmaok

You have the option of receiving the Assessment rate at appeal, if you do then you would have to close any JSA claim you have. UC is different and you would need to get advice before making the claim in the first place.

Some members have received more on JSA than ESA due to having a PIP or DLA award.

Gordon
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ESA WCA incoming. Take any new documentation? 2 weeks 5 days ago #201813

Thanks for that, Gordon.

So when it comes to appeal, I will be contacted to offer the ESA option.

Makes sense.

If I close the JSA claim, and the appeal is not successful. Can I simply reapply for JSA again?

Or am I misunderstanding this part of the appeal process? I assume from accepting the appeal it is a period of time before getting one's day in court?

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ESA WCA incoming. Take any new documentation? 2 weeks 5 days ago #201820

Jmaok

You have to contact the DWP once the appeal has been accepted.

If the appeal is unsuccessful then you can make a new claim for JSA.

Gordon
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