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ESA at assessment rate after cancellation?
- Justintime
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6 years 4 months ago #202065 by Justintime
ESA at assessment rate after cancellation? was created by Justintime
Hoping some of you knowledgeable people can help me answer a few queries. Here's a brief summary of the situation:
My ESA was cancelled recently after a WCA. Zero points. I have just had the MR back and of course that upheld the cancellation. Unfortunately, I found out through the MR that my GP had filled in ESA113 and ticked all the wrong boxes so the odds were against me from the start.
I am still going to appeal, but I need to know what exactly are the requirements for claiming ESA at the assessment rate? I have been through the farce of claiming JSA before and I almost got sanctioned because of how hard I found it to comply with their job search demands.. Now I'm even more incapable of keeping up with their stringent demands and I would rather avoid doing that entirely despite the fact I obviously need the money.
So here's the questions:
Can I try to claim ESA at the assessment rate now before I apply for the appeal or do I have to wait for the the letter of acknowledgement to come back?How do I claim? And will the award be backdated to the date of the MR decision/cancellation decision? And lastly, if (big if) I am able to get the sick notes from my GP to comply how often do I have to send them in?
If all my queries have been asked and answered before I'd be grateful if someone can link me to the previous information.
Thanks in advance
My ESA was cancelled recently after a WCA. Zero points. I have just had the MR back and of course that upheld the cancellation. Unfortunately, I found out through the MR that my GP had filled in ESA113 and ticked all the wrong boxes so the odds were against me from the start.
I am still going to appeal, but I need to know what exactly are the requirements for claiming ESA at the assessment rate? I have been through the farce of claiming JSA before and I almost got sanctioned because of how hard I found it to comply with their job search demands.. Now I'm even more incapable of keeping up with their stringent demands and I would rather avoid doing that entirely despite the fact I obviously need the money.
So here's the questions:
Can I try to claim ESA at the assessment rate now before I apply for the appeal or do I have to wait for the the letter of acknowledgement to come back?How do I claim? And will the award be backdated to the date of the MR decision/cancellation decision? And lastly, if (big if) I am able to get the sick notes from my GP to comply how often do I have to send them in?
If all my queries have been asked and answered before I'd be grateful if someone can link me to the previous information.
Thanks in advance
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- Gordon
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6 years 4 months ago #202091 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA at assessment rate after cancellation?
JustAde
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Providing this is your first Fit for Work Decision or the first since an award then you can receive the ESA assessment rate while appealing.
You must have made an appeal which has been accepted by the Tribunal Service, once you have notice of this and the DWP also, then you can contact the DWP office that dealt with your claim and ask for the Assessment rate to be put into payment.
You will need to provide a Fit Note dated from the day after your ESA was stopped and maintain one on file while you wait for your appeal hearing, it's up to your GP as to what period that they put on the Note, renew it as necessary.
If you have not yet requested an appeal then the ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Providing this is your first Fit for Work Decision or the first since an award then you can receive the ESA assessment rate while appealing.
You must have made an appeal which has been accepted by the Tribunal Service, once you have notice of this and the DWP also, then you can contact the DWP office that dealt with your claim and ask for the Assessment rate to be put into payment.
You will need to provide a Fit Note dated from the day after your ESA was stopped and maintain one on file while you wait for your appeal hearing, it's up to your GP as to what period that they put on the Note, renew it as necessary.
If you have not yet requested an appeal then the ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Justintime
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6 years 4 months ago #202261 by Justintime
Replied by Justintime on topic ESA at assessment rate after cancellation?
Thank you very much for your swift reply Gordon. You have answered all my questions clearly. However, I'm not sure where I stand in regards to number of Fit for work decisions. Let me explain. I was on Incapacity benefit up to around 2012. Then I had a WCA which put me in the WRAG group. Then I had another assessment in 2014 which cancelled my benefit completely. I appealed in 2014 and won. I didn't even know about the ESA assessment rate then so I didn't apply for it and was on JSA until my tribunal. So this isn't my first Fit for Work decision but it's the first since I was re-awarded ESA in 2014 and will be the first time I will have applied for the assessment rate. With all this in mind, can I still apply?
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- Gordon
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6 years 4 months ago #202294 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA at assessment rate after cancellation?
JustAde
If it is the first Fit for Work Decision since you had an award of ESA then you are entitled to the Assessment rate while you appeal.
Gordon
If it is the first Fit for Work Decision since you had an award of ESA then you are entitled to the Assessment rate while you appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Justintime
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6 years 4 months ago #202605 by Justintime
Replied by Justintime on topic ESA at assessment rate after cancellation?
Thanks again Gordon. You're a star.
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