Author Topic: ESA appeal - do you still get benefit whilst appealing, or has that changed?  (Read 7040 times)

One Girl and her Big Dog

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Hi
Close friend very worried, has been on IS and has been called for a medical and is convinced he'll be found fit for work (which he isn't).  Is it still the case that if you appeal, you receive ESA whilst waiting for tribunial, and is it still about 3 months?
1G

Hurtyback

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You still get the assessment rate while awaiting appeal. These are currently taking 12 months plus in some areas.

One Girl and her Big Dog

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Thanks Hurty back.

Sofie

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You need to request they pay you at assessment rate and you need to send in fit / sick notes.

Hurtyback

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Thanks Sofie, I should have said that!

One Girl and her Big Dog

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but if you are migtrating from IS, there is no assessment phase is there?

KizzyKazaer

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Hi IG, apologies for not getting to this sooner.

I've double-checked the Benefits and Work guidance and unfortunately the 'assessment phase rate paid on appeal rule' applies equally to migrating IB (or IS paid instead of IB) claimants.  This is assuming that your friend's sole basis for his IS claim is on the grounds of unfitness for work due to disability/sickness.  People receiving IS for other reasons as well, eg carers or single parents of children under 16, would keep the same IS rate as they would still have a 'basis for a claim' which is nothing to do with ESA.

Being called to a medical is not an automatic guarantee for an ESA claim to fail, though, so he needs to concentrate on the face-to-face assessment first before planning an appeal which may not even arise!

Monic1511

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Sorry for being late

When your friend was found fit there would have been a date at the top of the letter - this is the decision date.  Although he may continue to get IS for a few weeks - some letters say Your last payment for income support will be 28/8/12 - he should get a backdated sickline to the decision date.
While he is waiting on an appointment with the GP (If he has to) complete and send off the appeal letter, thenthe sickline (fit note).  In my area it takes JC+ 6 working days to process sicklines so if the GP gives him one for 8 weeks he needs to go back to the GP around the 7th week and get another one sent to JC+.   The Department are not obliged to remind you your sickline is running out so they just stop your payments if the don't receive another one within a week of the last one expiring.
Another thing your friend will need to do is tell housing /council tax benefit that he has been found fit & is appealling the decision,  the 2 depts get an email from income support saying X is no longer entitled to state benefits and they stop paying rent until the claimant gets in touch to say Im not working.

you friend will now get 71/week (assuming hes over 25) until the appeal is heard or he gets better  >doh< and stops his claim.

Really this means he needs to work on his budget cos its a drop from 99.15 to 71.00 and its not easy to just keep going.
Also ask him to approach his doctors for medical evidence - this means looking at the descriptors & seeing which ones are wrong - can he mobilise 200 / 100 / 50 meters?  even if he used a wheelchair.  If he can find enough points & ask his doctor if they agree then convince the dr to write a letter & send it to the DWP same office as the appeal letter as further info in support of his claim.
best wishes
Monic

One Girl and her Big Dog

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Thanks Kizzy and monic

sickness is entirely MH based,.  welfare rights advisor who completed the form with him, said he should be migrated without an interview, but this hasn't happened.

He attended the first date for the interview, only to discover that the recording equipment wasn't available, so had to go home again, is now waiting for a second date.

However, he was not told (or was told and forgot) to send in evidence from GP, CPN etc.  Hopefilly once this is sent he might be migrated without an face to face assessment.

Thanks again
1G