Hello, my sister has just been notified that she has failed the work capability medical from 130712. As she lives alone and receives DLA middle care (indefinite award) she has been getting the severe disability premium in addition to basic rate ESA. She has been advised by the benefits office to put an appeal in writing with a new sick note (even though they have one current until 1st September)and they will reinstate her ESA until the appeal is heard. However, they were unable to answer her question re the SDP, saying they weren't sure?! If anyone can advise we would be massively grateful as it will make a significant difference either way- many thanks.
Hello, my sister has just been notified that she has failed the work capability medical from 130712. As she lives alone and receives DLA middle care (indefinite award) she has been getting the severe disability premium in addition to basic rate ESA. She has been advised by the benefits office to put an appeal in writing with a new sick note (even though they have one current until 1st September)and they will reinstate her ESA until the appeal is heard. However, they were unable to answer her question re the SDP, saying they weren't sure?! If anyone can advise we would be massively grateful as it will make a significant difference either way- many thanks.
She will need a new Fit note as the Fit for Work Decision post dates the last one and can be seen as now overriding it.
Her SDP should still be payable even though she is only receiving the ESA Assessment rate, however, the DWP have a history of not understanding this, so she needs to make sure it remains in payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.
