ESA info, wait time and nil income claim

Hello again

I am re-posting my query that I unluckily posted just before the forum temporarily closed! Despite being placed in the Support Group for ESA under the EC provision in the past, this time I was asked to attend an assessment. This may have been, at least in part, due to my old doctor retiring and the new one not really knowing me and thus giving a weaker letter to me to give to the DWP. (You may feel this should not be a factor if all my notes were kept on file but my doctor partly retired early as he had been found to keep inadequate notes by the CQC I did have a lot of paperwork myself which I had copes of, which I took to the new doctor but she said that she would have to say in the letter that she only had my word for it! This seems unfair, it is not as if I wrote them myself!)

Even tho the assessment experience was pleasant enough, I still expect to be kicked off ESA and awarded nil points because of the limitations of the point system.

Since I posted just four months ago, the system has changed yet again. Whereas then, you advised I could claim assessment rate JSA and get a doctors note to avoid keeping to a claimant commitment for up to 13 weeks, now all postcodes are full service UC areas this is not an option. The only option is UC and this means I could not go back to ESA. Therefore, while undergoing the MR wait, I take it my best option would be the nil income HB claim? The MR wait period is relatively short compared to the appeal period and when my appeal has been lodged I know I can then claim assessment rate ESA til the tribunal date.

My other two questions are: If my appeal is successful would I then be able to get ESA backdated to cover the MR Period?

Finally, I did say on my ESA form that I could not receive phone calls due to my PTSD although I can make them if I need to, if well enough. Do you think that they might write to me instead if they need to eg talk to me about intending to find me fit for work? Otherwise it feels discriminatory towards my disability.

Thank you for your help so far.

Hello again

Thank you ,Gordon.

P92 of the main ESA Guide says also that if this is the first time you have been refused ESA..(which it would be) have been through the MR and lodged the appeal, then you can, at that stage, apply for ESA assessment rate to be reinstated provided sick notes can be provided and that the assessment rate money can be paid from the date you were first refused, if the sick note is also backdated. Can you confirm this?

How would I apply for this? Are the DWP obligated to send you info of how to do so?

And when I see the doctor, I don't know how long to ask for the sick note to be extended for as I won't know when the appeal date is.. Any guidelines?

Thank you for your help so far

Alex xx

Thank you Gordon, you are a star!

Can you just confirm that I could get assessment rate ESA backdated to the time I was first refused as long as I get a backdated Fit Note dating from that day?

If so, in your experience, once they have agreed to start paying the assessment rate ESA, do they also pay this backdated amount relatively quickly?

Thank you

Alex