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Thread: ESA Appeal and Assessment rate

  1. #1
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    ESA Appeal and Assessment rate

    Hello,

    I've recently received my mandatory reconsideration notice unfortunately the decision has not changed therefore I'm going to appeal. Planning to send of my appeal tomorrow to HMCTS first tribunal and was just wondering when can I call DWP to ask to reinstate my ESA while appealing ? Is it when I receive a letter notifying me that my appeal has been received ?

    Thank you In advance

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    I think if MR fails and you intend going to tribunal you have to claim jobseeker's allowance until the tribunal makes a ruling.

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    Based on what I read I believe that's one of the two option people can choose after they receive their mandatory reconsideration notice. I'm sure esa is paid at lower assesment rate while appealing. Could someone please confirm this ??

    Thank you

  4. #4
    Senior Member bspm's Avatar
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    Restoration of ESA pending appeal

    Where an ESA disallowance is confirmed following an MR, ESA is payable pending an appeal against a decision that a claimant does not have limited capability for work, unless this was due to the claimant's failing to return the ESA50 questionnaire or attend a medical assessment.7

    It is important to submit an appeal following an unsuccessful MR as soon as possible. The appeal should be submitted directly to HM Courts and Tribunals Service (HMCTS) on form SSCS1 accompanied by the MR notice (although an appeal can be accepted without a notice, this will delay matters). There is no requirement to reclaim ESA pending an appeal, as there is automatic entitlement8 (but see below if JSA has been claimed), but the DWP is unlikely to restore ESA until it is notified by HMCTS that an appeal has been lodged. It may be worth claimants sending a copy of their appeal to the DWP, requesting restoration of ESA including arrears.

    It is also important to ensure that the DWP has medical certificates (‘fit notes’) which are current and cover the period of the MR, as this is a condition of entitlement for payment of ESA during a dispute. If there are delays in getting ESA restored and the claimant is in financial hardship, s/he could request a short-term benefit advance.

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    Mr Google is my friend..............

  6. #6
    Senior Member nukecad's Avatar
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    I compiled this about 5 months ago; the rules have not changed since then.
    They should reinstate your ESA at assessment rate once your appeal is received.

    How Mandatory Reconsideration and Having to claim Jobseekers Allowance (JSA) works.

    Mandatory Reconsideration-

    Your first step is to start by following the instructions in that letter you've received to request a Mandatory Reconsideration.
    You only have a month from the date on the letter to do this so don't hang about.
    (From now on keep notes of all phone calls and copies of all letters sent, get at least proof of posting for all letters).

    You should do this by first phoning them, saying that you want a MR and that you will be making a written submission.
    While on the phone request from them your Assessment Report (ESA85) and the Decision Makers report (LT54), these will help you to see why you were refused and what to concentrate on to try and get your points score increased.

    Use this information to write a letter explaining why you think the original decision was wrong.
    Just explain why you think you qualify for the points on the relevant descriptors.

    Don't go into things like "what the assessor wrote was I lie, I never said that". That is for a complaint not a MR.
    You are having another chance here to influence a Decision Maker with the facts, arguing with what the assessor wrote will not help.

    Claiming JSA whilst awaiting MR-

    Whilst you are waiting for the MR you will have to claim Jobseekers Alowance if you want to keep receiving benefit.
    If it then goes to appeal after MR you go back onto assessment rate ESA until the tribunal decision.

    The Jobcentres are aware of this strange situation, when you sign onto JSA you tell them you are doing so because of an ESA MR and they don't give you the same claimant commitments as a regular jobseeker.

    The fact that you are having to claim JSA in this situation has no bearing whatsoever on your MR (or your tribunal appeal if needed).
    The MR (and tribunal) can only consider the circumstances at the date of your original claim, not what has happened since then.

    If they try to give you commitments that are too difficult for you all you can do is remind them that you are awaiting a ESA reconsideration because you have ill health.
    Try to point out how you condition affects your ability to do the commitments they ask for.
    For example, they may ask you to do so many hours searching for jobs. As most of this is done on a computer these days say that you can do this at home but cannot manage to go to the Jobcentre multiple times a week.

    Unfortunately the current government stance is that having been refused your initial ESA claim you have been found fit-for-work and so have to claim JSA until found not-capabale-of-work at MR (or until you appeal to tribunal).

    Housing Benefit and Council Tax-

    You should let your Council know what is happening, for Housing Benefit and Council Tax Relief reasons.
    They have probably already been informed by the DWP that your ESA has stopped.

    Again they are used to this situation with MRs now and as long as they know you should have no problems; or at least less problems than if you don't tell them.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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    Thank you great answer

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    Hello again,

    I've sent my appeal of the start of this month and I've heard absolutely nothing since then. I know they've received cause I sent it as recorded and they've signed for it. Is this normal does it usually take this long ? I mean I'm not expecting a hearing date yet but to my understanding they should atleast sent an acknowledgement letter saying they've received so I can call DWP and get them to reinstate my esa at the appeal rate.

    Thank you

  9. #9
    Senior Member nukecad's Avatar
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    They will be waiting now for the DWP to take another look before starting the court process.

    DWP do this with all appeals and may change their mind before going to court. (They can change their minds and award ESA at any time whilst the appeal is ongoing).

    One thing to note with the JSA situation.
    There are indications that some Jobcenters are telling people that they have to stay on JSA until the tribunal decision. This is factually wrong.
    You can stay on JSA if you want to, but its your right to go back on ESA assessment rate if you want to.
    (There is no difference in money between the two, but ESA has less conditions).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #10
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    esa

    Quote Originally Posted by nukecad View Post
    They will be waiting now for the DWP to take another look before starting the court process.

    DWP do this with all appeals and may change their mind before going to court. (They can change their minds and award ESA at any time whilst the appeal is ongoing).

    One thing to note with the JSA situation.
    There are indications that some Jobcenters are telling people that they have to stay on JSA until the tribunal decision. This is factually wrong.
    You can stay on JSA if you want to, but its your right to go back on ESA assessment rate if you want to.
    (There is no difference in money between the two, but ESA has less conditions).
    as you cant claim 2 benefits at once you have to sign off jsa before you can go back on assesment rate esa again.so you will be left with no money till they put you back on esa whilst awaiting appeal.we have been waiting over 2 weeks and the dwp admitted today there is a 4 week backlog.on top of this they have bought in a new law for new repeat esa claiments from mar 30 that you cant go back on esa when in the loop of appealing again to tribunal.so for new repeat claimants its signing on for jsa or nothing. even though the jobcentre knew my wife was unfit for work whilst we had to claim jsa they made us sign weekly and really put the pressure on. i know the welfare bill has to be reduced but i wish they were more truthful with how they are going about it

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