ESA APPEAL

Hi there

My husband scored 12 points and is appealing the decision that he is not eligible for ESA. As his wife I usually offer considerable support to him when completing any forms(he would not be able to complete it without my input). Should I mention on the GL24 form that I helped him.

He scored 12 points for his mental state, and no points for the back pain which is the main cause of him not being able to work, and has led to the mental problems. Do you think its worth appealing?

I would have asked for medical evidence from his doctor to send along with the GL24 form, but she is less than sympathic, so my husband is thinking of claiming JSA, if he is eligible, in the meantime. Do you think claiming JSA may harm his chances at a tribunal?

Can he claim ESA even if he doesn't gain a fit note from the doctors?

Sorry for so many questions!

Thank you

Hi Jayne,

As your husband was found fit for work, there is nothing to be lost by appealing. As he scored 12 points without his back condition being considered, it sounds likely that he would be able to pick up the required three points on one of the physical descriptors. By all means mention the help you have given with the form, especially if you can link it to one of the appropriate descriptors.

Your husband can continue to be paid assessment rate ESA while awaiting appeal, but only if he sends in fitnotes from his doctor.

Have a look at our ESA and appeal resourses and then ask any further questions on this thread.

ESA claims and appeals

How to submit an appeal

How long do I have to appeal?

What will I be paid while I appeal?