david73 wrote: 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
