× Members

ESA while waiting for appeal?

  • Nina
  • Topic Author
8 years 11 months ago #135960 by Nina
ESA while waiting for appeal? was created by Nina
I have an appeal coming up on 29 June. My ESA was stopped in Feb after a medical. My understanding is that payments should have restarted (as assessment phase rate) when my appeal was lodged. I sent a letter to Stratford benefits office asking for payments to restart, enclosing a medical certificate and copy of the letter from HMCTS saying my appeal had been received (9 April), but I've had no money. The advisor from my housing assoc says the rules changed on 1 April and, because my appeal was received after that, I can't get money while waiting for the hearing - but I don't think that's true?? What can I do to get them to restart payments? (I haven't claimed any other benefits in the meantime or done any work.)

Please Log in or Create an account to join the conversation.

More
8 years 11 months ago #135971 by Gordon
Replied by Gordon on topic ESA while waiting for appeal?
Nina

There was a change on 30 March, however it should only effect you if this was the second time in succession that you were found Fit for Work. if this is the first such Decision then you remain entitled to payment of the Assessment rate while waiting for a Tribunal.

If you have not already done so, you need to contact the DWP to find out what the problem is.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Nina

Please Log in or Create an account to join the conversation.

  • Nina
  • Topic Author
8 years 11 months ago #136085 by Nina
Replied by Nina on topic ESA while waiting for appeal?
The advisor at my housing assoc did phone the DWP but the person she spoke to insisted that anyone whose appeal was received after 31 March was not entitled to payments while waiting for their appeal. I didn't think that was right, and now you've confirmed it for me I'll make contact with them again myself to chase up my payments. Thanks.

Please Log in or Create an account to join the conversation.

  • bro58
8 years 11 months ago - 8 years 11 months ago #136089 by bro58
Replied by bro58 on topic ESA while waiting for appeal?

Nina wrote: The advisor at my housing assoc did phone the DWP but the person she spoke to insisted that anyone whose appeal was received after 31 March was not entitled to payments while waiting for their appeal. I didn't think that was right, and now you've confirmed it for me I'll make contact with them again myself to chase up my payments. Thanks.


Hi N,

Gordon is right,

Assessment rate can only be denied on an appeal against a second successive fit for work decision on a repeat ESA claim.

Have a read through : This Topic and the links to other posts therein.

bro58
Last edit: 8 years 11 months ago by bro58.

Please Log in or Create an account to join the conversation.

  • Nina
  • Topic Author
8 years 11 months ago #136101 by Nina
Replied by Nina on topic ESA while waiting for appeal?
Have just spoken to DWP - they say they have nothing on record to show that I'm appealing. I sent them a copy of my letter from HMCTS back in April, and they have also managed to produce a 180-page submission to the tribunal! Anyway, they are allegedly going to call me back later today...

Please Log in or Create an account to join the conversation.

  • Nina
  • Topic Author
8 years 11 months ago #136111 by Nina
Replied by Nina on topic ESA while waiting for appeal?
SUCCESS - they did actually call back (!) and admitted that they do know I'm appealing, so I'm getting a payment today and then the backdated benefit next Wednesday. Thanks, B&W, for your help!

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.