Lodging appeal, now want my ESA resumed

Hi, I have had the mandatory reconsideration ( after being found fit for work,which is a joke), and I am sending my appeal off to the tribunal services.
I am anxious to get some income again, so can you please tell me who do I ask to get ESA at the assessment phase rate?

definatelychas wrote: Hi, I have had the mandatory reconsideration ( after being found fit for work,which is a joke), and I am sending my appeal off to the tribunal services.
I am anxious to get some income again, so can you please tell me who do I ask to get ESA at the assessment phase rate?

Hi dc,

If you have been claiming JSA whilst your MR was taking place, you cannot revert back to Assessment Rate ESA until you receive written notice from The Tribunals Service (TS) that they have accepted your appeal.

Once you have that, you should send copy to The DWP informing them that you wish to close your JSA claim and revert back to ESA.

You will obviously need a fit note from your G.P. as well.

Sending Documents to the DWP.

If you haven't been claiming JSA, then again you would still need the written notice of acceptance of your appeal from The TS, and a fit note.

Ideally under this scenario you would need the fit note to cover you from the date that you were found fit for work. (if you haven't been sending them to the DWP in the interim.

You should then be paid ESA Assessment Rate backdated from the date of the fit for work decision.

bro58

Many thanks for your reply, bro58.

I have not been claiming JSA, in fact the mandatory reconsideration period was not that long, and I am still covered by my GPs fit note( dating from before my WCA) for another month.

So, I have to wait for the TS to send me a written notice of acceptance.
And then i send that to the DWP office that usually manages my claim, along with a letter requesting to go on the assessment phase rate until the appeal?

I suppose they then may ask for a fresh fit note. I shall wait and see regarding that.

many thanks for your advice Gordon.
it is news to me that you get the esa backdated to the day you were found fit for work. i thought there was a gap in payment you couldn't do anything about ,unless perhaps if you win your appeal.

definatelychas wrote: many thanks for your advice Gordon.
it is news to me that you get the esa backdated to the day you were found fit for work. i thought there was a gap in payment you couldn't do anything about ,unless perhaps if you win your appeal.

Hi dc,

When going through an MR of a fit for work decision, the claimant has the option to sign on for JSA with reduced conditionality to their job seekers agreement, of they can simply request the MR and receive no benefit payments, as you have.

In either scenario the claimant should continue to obtain fit notes from their G.P. to cover them from the date of the fit for work decision.

It is not advisable to present the fit notes to JC Plus if claiming JSA as this could result in them not allowing a JSA claim.

However, they should be kept and presented at the time of the Tribunal accepting the appeal, this enables full back payment of ESA Assessment Rate from the date of the fit for work decision.

Obviously if the claimant had been in receipt of JSA up to the time of the appeal being accepted, there would be no back pay owed as the JSA payments would be offset against any hypothetical arrears of ESA Assessment Rate owed.

i.e. you can't receive both JSA & ESA for the same period.

There is nothing to stop your G.P. back dating fit notes if they want to.

bro58