esa appeal

Hi this is our first post on this forum. My husband failed mandatory reconsideration for esa due to lack of points. we have just had letter saying our appeal will be heard by an independent tribunal,no date as yet.Whislt wanting do you know if he can claim esa .Thanks.

Hi,

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It is not at all unusual to have an MR request fail at the moment but the success rates at The Appeals Tribunal Service (TS) is much better !!

Now that your husband has gone through the MR stage, and if this is first occasion that he has been found fit for work, he can revert back to Assessment Rate ESA once he has confirmation that The TS have accepted his appeal.

If he has been obtaining fit notes from his G.P. to cover him from the date of the fit for work decision, he should be owed back payment of ESA from that date.

Obviously, if he has been claiming and receiving JSA in the MR period, he cannot receive JSA and ESA for the same period, in which case he would be entitled to ESA from the day after his JSA claim is closed.

See : This Topic

He should have no problem reverting back to ESA once his appeal has been accepted, although he may have to contact DWP to confirm that he wishes to revert back.

Good luck !!

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bro58

Hi,

You can find further guidance on ESA MR/Appeals on This Page

See also : Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

MOJ Video of “mock” ESA Appeals Process and Tribunal

bro58

Thankyou for your help.