I have been given two different answers from the jobcentre, and I am confused. Do you still receive your benefits whilst before an appeal is lodged and also whilst waiting for a tribunal date?
As soon as an appeal against the ESA adverse decision is lodged, you are entitled to be paid at the assessment rate backdated if necessary. You will also need to send in a medical statement (neutral words) from your GP pending the outcome of the appeal, to allow payment to recommence/continue.
If you have not already submitted a GL24 notice of appeal, it is worthwhile noting on the form that pending the appeal you wish to be paid at the assessment rate. It should be an automatic process, but it is not unknown for some DWP offices to be oblivious to the procedure to the detriment of the appellant.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 9 months ago by Crazydiamond. Reason: Additional info.
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