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ESA reassessment advice please
- Nicky
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6 years 1 week ago #210183 by Nicky
ESA reassessment advice please was created by Nicky
Hello,
My husband gets ESA (partner rate) for us. He has severe agoraphobia, mental health and mobility issues too. He was initially refused ESA 3 years ago and won it at appeal (WRAG group). Since then he has deteriorated and been moved to the SG (I sent a letter requesting this 2 years ago).
He’s now up for reassessment. They’ve decided on a face 2 face and scheduled it for yesterday. He did not attend and told them this in advance along with further medical evidence from the GP and it’s currently being decided whether he can have a home assessment.
Once this assessment is done, if he is found fit for work we will ask for a MR and go to appeal if needed.
My question is about payments.
He currently gets SG premium, and disability premiums added on for PIP eligibility. I know we will still get some money if we appeal but can anyone spell out if we get the assessment rate again or partner rate and do we still get premiums?
Thanks in advance!
My husband gets ESA (partner rate) for us. He has severe agoraphobia, mental health and mobility issues too. He was initially refused ESA 3 years ago and won it at appeal (WRAG group). Since then he has deteriorated and been moved to the SG (I sent a letter requesting this 2 years ago).
He’s now up for reassessment. They’ve decided on a face 2 face and scheduled it for yesterday. He did not attend and told them this in advance along with further medical evidence from the GP and it’s currently being decided whether he can have a home assessment.
Once this assessment is done, if he is found fit for work we will ask for a MR and go to appeal if needed.
My question is about payments.
He currently gets SG premium, and disability premiums added on for PIP eligibility. I know we will still get some money if we appeal but can anyone spell out if we get the assessment rate again or partner rate and do we still get premiums?
Thanks in advance!
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6 years 1 week ago #210212 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reassessment advice please
Nicky
If he is found Fit for work, then the first stage to challenging the Decision is to request an MR, no ESA is payable during this time but he can claim JSA or if your postcode is a UC Full Service area, Universal Credit.
With JSA he will receive a Disability Premium (not payable with ESA) and his existing ESA Premiums although he will lose the Enhanced Disability Premium if he does not have an Enhanced Daily Living award e.g. it is only paid for him being in the SG.
Once his JSA claim is accepted and in paymen then he can present a new Fit Note and he should then be excused from his claimant commitment.
If he claims UC then no Premiums are payable, he can only be excused from working by being assessed for "ESA" again, you will also be required to seek work and he won;t be able to reclaim ESA if the Decision is revised. So think very carefully before claiming.
If he goies on to appeal and hasn;t claimed UC then he can receive the ESA Assessment Rate plus Premiums (but not the Disability Premium) while he waits for a hearing.
Gordon
If he is found Fit for work, then the first stage to challenging the Decision is to request an MR, no ESA is payable during this time but he can claim JSA or if your postcode is a UC Full Service area, Universal Credit.
With JSA he will receive a Disability Premium (not payable with ESA) and his existing ESA Premiums although he will lose the Enhanced Disability Premium if he does not have an Enhanced Daily Living award e.g. it is only paid for him being in the SG.
Once his JSA claim is accepted and in paymen then he can present a new Fit Note and he should then be excused from his claimant commitment.
If he claims UC then no Premiums are payable, he can only be excused from working by being assessed for "ESA" again, you will also be required to seek work and he won;t be able to reclaim ESA if the Decision is revised. So think very carefully before claiming.
If he goies on to appeal and hasn;t claimed UC then he can receive the ESA Assessment Rate plus Premiums (but not the Disability Premium) while he waits for a hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Nicky
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6 years 1 week ago #210280 by Nicky
Replied by Nicky on topic ESA reassessment advice please
Thanks Gordon. I’ve been planning on working (im about to graduate) and have had some interviews offered. Just a shame it’s all happening at the same time! Thank you again
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