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claiming esa when requesting a hearing(tribunal)

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7 years 6 months ago #172243 by kelly369
Please can you advise on claiming ESA when submitting a request for a hearing (tribunal).

Friend was claiming ESA (wrag) but after fit for work assessment scored 0 points. Asked for a mandatory reconsideration but was not found in her favour. In the meantime did not claim JSA but has submitted a request for a tribunal hearing. She is now claiming JSA after learning that she could submit "fit notes" for up to 13 weeks, but a tribunal could take months to be heard..

After reading on the internet, there doesn't seem to be a lot of clarity, even the jobcentre giving contradictory advise. When/if she receives notification that her request for a hearing has been accepted, can she ask for ESA to be paid at the reduced/assesment rate and will she still have to send in fit notes. This will be the 2nd time she has gone through this process, the previous time the tribunal found in her favour and was put back in the WRAG group. Have read that because of this may not be able to claim ESA at the assesment phase. So confusing and I hope I haven't confused you as well :side:

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7 years 6 months ago #172274 by Gordon
Lesley

If this is the first Fit for Work Decision following a previous award of ESA for either the WRAG or SG then he is entitled to payment of the ESA assessment rate once his appeal has been accepted by the Tribunal Service and the DWP have received notice of this.

If this is the second Fit for Work Decision in succession, then they are not entitled to payment of the ESA Assessment rate during the appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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