ESA: Have I Overlooked Something?

Hi All

Re: ESA: Have I Overlooked Something?


Am trying to help my elderly neighbour. Her adult daughter has moved back home. Her daughter had her gas & electricity cut-off and was living in absolute poverty, existing on food parcels and the charity of others. Her daughter has no assets or capital or savings. She is single and has no dependents. Her only income was ESA which was stopped in January. So that I can gain your advice about an appeal I am working on for her, it might perhaps be helpful if I briefly summarise 'the story so far':

Aug 11 – Notice that IB will be changing to ESA.

Sept 11 – ESA50 completed.

Nov 12 - Attended an Atos Medical

Dec 11 – Scored 6 points. ESA denied.

Jan 12 – Appeal lodged.

July 12 – Appeal successful. IR ESA awarded. Placed in the WRAG. Award backdated.

Sept 12 - Case has come round again. Was sent another ESA50. Completed and returned as before.

Nov 12 - Another Atos Medical, as before.

Dec 12 – Scored zero points. ESA denied.

Jan 13 – Appeal lodged.

Mar 13 – DWP revision undertaken. Unfavourable outcome. Referred to 1st tier tribunal.


My neighbours daughter is too ill to claim JSA and is incapable of seeking work. Now living in social housing with her elderly mother, the only household income is her mother's state pension which they both struggle to survive on. The household has no savings, assets, valuables or other income.

Have I (and others) missed a trick here? Can it really be that the daughter of my elderly neighbour is not entitled to anything whilst awaiting her appeal to be heard?


Fond Regards
Leed46

Hi Leed,

Assessment rate ESA should be paid as long as medical certificates are submitted, is the lady doing this?

Thanks ever so much for your prompt reply. Greatly appreciated as always.

No. No sick notes (fit notes) have been submitted or obtained. Are these the medical certificates that you are referring to?

Will recommend to her that she should immediately register with a GP and seek an appointment to obtain them?

Will read the Guides again and refresh myself.

Once again, thanks for your kind assistance.


Fond Regards
Leed46

Hi L46,

Gordon is correct.

The first two fit notes can be for no more than 3 months in duration, the 3rd and any subsequent fit notes can be for 6 months or longer.

So, if the G.P. was prepared to cover the period from December 2012, they would have to issue two for 3 months, and a third for 6 months or longer.

As Gordon also states, whether the G.P. would do this, and how the DWP would react to this if they did, is anybody's guess.

bro58