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Benefit payments during ESA reassessment process

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5 years 3 months ago #225267 by MsJane
Hi

After being assessed twice via paper and being put into the support group for ESA, this reassessment is the first time I'm being called in for a face to face assessment. I'm just mentally preparing for the worst to help me cope with the process and plan as much as possible and wondered if anyone could advise on whether or not I will continue to receive any benefits during the following stages of reassessment and, if so, whether it will be less than usual:

(1) Waiting to attend the face to face appointment
(2) Waiting for the results of the appointment/assessment
(3) During a request for mandatory reconsideration
(4) The appeal process and/or tribunal

I'm petrified because I really struggle with change and plan plan plan everything so any information would be very much appreciated.

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5 years 3 months ago #225288 by Gordon
MsJane

1. Yes, your current award.
2. Yes, your current award.
3. No, unless you claim UC
4. The ESA Assessment rate providing you have not claimed UC, if you have then UC.

Gordon

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

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5 years 3 months ago #225292 by MsJane
Thank you, Gordon! That's very very much appreciated! :)

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5 years 3 months ago #225680 by MsJane
Hi again!

I've been reading about applying for UC during the mandatory reconsideration process etc and was hoping to get another answer to a question if that's okay please :)

If I'm receiving UC during my MR for ESA and then it goes to appeal and tribunals etc, if it was finally successful, would I be on UC permanently from that point onwards with the ESA I should have had backdated or would I revert back to ESA completely?

Thank you very much again :)

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5 years 3 months ago #225697 by Gordon
MsJane

Once a claim for UC is made you cannot return to what are now called legacy benefits such as ESA, however, if your MR or appeal is successful then the award will be implemented in your UC claim. You would receive back payment of the difference between what you would have been paid under ESA and what you have received under UC.

However, you need to be aware that UC takes no account of your MR or appeal and you will be treated as Fit for Work unless you initiate an assessment under UC, the new Decision that this will generate will limit any award you might have from your ESA.

Gordon

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

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5 years 3 months ago #225724 by MsJane
Thank you, Gordon :) I'm still a little bit confused with the process sorry so have another question if that's okay because it seems like one part of what I would have to do next makes another part of what I would have to do next null and void.

So if I am assessed for fit to work under ESA and go for a MR etc and start a UC application to afford to live in that time and then because I would get fit notes from my doctor due to my health, would I have to start an assessment with UC too? And does that make the ESA MR and appeal null and void and even if that came back successful, I'd receive nothing from that and still have to go through the UC assessment process anyway (and possibly have to MR that and appeal that too)?

Or is it a case of if I'm assessed for fit to work under ESA and apply for UC during MR and appeal, I would actively not ask for my fit notes, comply with claimant commitments as much as I can until the results of the MR/appeal came back at which point my UC would change to reflect that and I would be back to not fit to work but under UC instead of ESA?

Sorry for the essay :) I really appreciate your answers on here so much! Thank you again!

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