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Failed to Get MR on ESA

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8 years 4 months ago #145066 by Kazzy
Failed to Get MR on ESA was created by Kazzy
Hi currently unemployed due to illness, all fit notes up to date

I failed my ESA WCA. Do I now go to the JobCentre and apply for JCA?

My helper at the CAB is kicking starting an appeal for it to go to Tribunal.
I will be sending supporting evidence.

She said, in the mean time go the my local JC and sign on. She said sign on for ESA? Can I do that. I am aware that during waiting for MR I was paid nothing.
Now I am taking to Tribunal do I sign of for JCS or ESA???
Sick note until end of year, this will go on.

Having detrimental affect on my health.

Any advice please?
NB had my PIP reassessment 9 week ago. Got letter saying sorry for delay, still considering my PIP which I got on 13/2015. Should I be concerned?

Thankyou!

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  • foss27
8 years 4 months ago - 8 years 4 months ago #145073 by foss27
Replied by foss27 on topic Failed to Get MR on ESA
You can claim the assessment rate of ESa while waiting for your appeal to be heard.

You could ring the number on DWP letters you may have and ask to claim this. You do not need to go to the Jobcentre or sign on. However this will not start until your appeal is lodged and the tribunal service confirm it to DWP.

You could sign on and say you are appealing an ESA decision. The jobcentre are used to this and you should be able to restrict the type of work you look for but be aware there are expectations of activity to look for work and you need to meet a minimum level of activity or they may sanction you.
Last edit: 8 years 4 months ago by foss27.

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8 years 4 months ago - 8 years 4 months ago #145139 by Kazzy
Replied by Kazzy on topic Failed to Get MR on ESA
Thank you for that.

I am still a bit confused as ESA told me they are stopping my payments.
Yes they paid me during assessment stage. I failed the WCA, asked for
MR, which was turned won.

So to be clear I can call DWP and once the Appeal is with tribunal I can then claim some ESA until I hear a more satisfactory outcome.

Cautious as signing on as at the moment there is now way I can work.

Thanks for your advice, they don't make it easy do they!!
Thanks
Last edit: 8 years 4 months ago by bro58.

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  • bro58
8 years 4 months ago #145156 by bro58
Replied by bro58 on topic Failed to Get MR on ESA

Kazzy wrote: Thank you for that.

I am still a bit confused as ESA told me they are stopping my payments.
Yes they paid me during assessment stage. I failed the WCA, asked for
MR, which was turned won.

So to be clear I can call DWP and once the Appeal is with tribunal I can then claim some ESA until I hear a more satisfactory outcome.

Cautious as signing on as at the moment there is now way I can work.

Thanks for your advice, they don't make it easy do they!!
Thanks


Hi K,

During The ESA MR stage you cannot receive ESA payments.

However, if you need some income you can make a claim for JSA with reduced conditionality.

Once your MR has been carried out, if you have still not been awarded ESA, you can appeal directly to The Tribunal Service. (TS)

Once the TS have accepted your appeal, you can present fit notes to DWP and revert back to Assessment Rate ESA until the date of your hearing.

A previous post of mine : Here. should explain it.

See also : ESA MR/Appeals Guidance.

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

Good luck !

bro58

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