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TOPIC: Benefits whilst awaiting Appeal Decision

Benefits whilst awaiting Appeal Decision 8 months 1 day ago #203458

Hi, I am unclear as to the benefit available whilst awaiting an Appeal Decision in respect of ESA. This person is awaiting the outcome of the Mandatory Reconsideration Notice, he is very upset and expecting the worse. As he is not fit enough for work he has not sign on for Job Seekers Allowance. He is presently surviving on DLA and the goodwill of family.

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Benefits whilst awaiting Appeal Decision 8 months 1 day ago #203460

  • Gordon
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Mary

There are no benefits that are specifically payable during an MR,

If there is an award in place then it remains payable if not then they can claim JSA or Universal Credit providing they are capable of meeting the Claimant Committment, they should get face to face advice before claiming UC.

If they go on to appeal, then providing this is the first Fit for Work Decision they have had or the first since an award of ESA then they can receive the ESA Assessment rate while they wait for a hearing. Once the appeal is accepted and both the claimant and the DWP have received notice, then the claimant needs to contact the DWP office that dealt with their claim and ask for their ESA to be put back into assessment.

Gordon

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

Benefits whilst awaiting Appeal Decision 6 months 4 weeks ago #205079

Hi Gordon

As stated in my earlier email my friend has not received any monies other than DLA. I have assisted him in completing his appeal and sent it off to the relevant office. I have told him to await confirmation of receipt and then phone the office to ask for his EAS to be reinstated at the assessment rate as advised. I was wondering will he be paid the backdated monies not received in the interval between the EAS been stopped and the appeal accepted by the Appeal Office.

Many thanks

Mary

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Benefits whilst awaiting Appeal Decision 6 months 3 weeks ago #205099

  • Gordon
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Mary

They will need to provide a Fit Note dated from the day after their ESA stopped and maintain a current Note until their appeal hearing.

Gordon

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

Benefits whilst awaiting Appeal Decision 6 months 3 weeks ago #205137

Thank you Gordon I will pass on this information to the person concerned.

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Benefits whilst awaiting Appeal Decision 6 months 3 weeks ago #205164

Hi Gordon

Apologies for bothering you again.

I managed to speak to my friend (thank God for Whatsapp!!), apparently, he had just received a letter from the Tribunal Service this morning giving him a reference number, confirming they will give him a date for the Tribunal and stating they have asked the DWP to write to him in responce to the appeal. I was wondering whether he should contact the DWP now regarding reinstatment of his ESA payments or wait until he receives a letter from the DWP before he contacts them.

Many thanks

Mary

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