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ESA Appeal and permitted work
- Minx34
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5 years 5 months ago #240663 by Minx34
ESA Appeal and permitted work was created by Minx34
Hi
I was previously in the Support Group of ESA until August when I was found fit to work. Whilst on ESA I was doing Permitted Work, working 15 hours a week and this was authorised by the DWP. I am obviously still in this job.
My M/R was upheld by the DWP and I have submitted an appeal. However, on speaking to the DWP this morning, after I received the Tribunal Service acceptance letter, they have said I would need to leave my job and get a fit note in order to have my claim reinstated whilst awaiting appeal.
Surely there must be some sort of exception...am I expected to give up my job (I would be better off claiming base rate ESA & SDP as I would also get my mortgage payments reinstated) but if I win the appeal, I have left a job I love and that has made the world of difference to my mental health, even though I suffer from physical disabilities?
Any advice would be very much appreciated. I am close to breaking point today!
Thank you
Tracey x
I was previously in the Support Group of ESA until August when I was found fit to work. Whilst on ESA I was doing Permitted Work, working 15 hours a week and this was authorised by the DWP. I am obviously still in this job.
My M/R was upheld by the DWP and I have submitted an appeal. However, on speaking to the DWP this morning, after I received the Tribunal Service acceptance letter, they have said I would need to leave my job and get a fit note in order to have my claim reinstated whilst awaiting appeal.
Surely there must be some sort of exception...am I expected to give up my job (I would be better off claiming base rate ESA & SDP as I would also get my mortgage payments reinstated) but if I win the appeal, I have left a job I love and that has made the world of difference to my mental health, even though I suffer from physical disabilities?
Any advice would be very much appreciated. I am close to breaking point today!
Thank you
Tracey x
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- Gordon
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5 years 5 months ago #240676 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal and permitted work
Minx
They require a Fit Note but this does not mean that you have to give up your job (see below), if you GP is willing then the Note can say that you can only work less than 16 hours a week, however, this is a medical decision and you cannot require your GP to do this.
You are no longer doing PW, so you would have to re-apply to the DWP for the work to be considered as this, if they refuse then the ESA would not be payable and it may have implications in regard to any back payments if you won your appeal as the DWP may not consider you as entitled to ESA while you continue to do the work.
As you appear to have been receiving Income Related ESA, any non-PW work would be deducted from your ESA(IR).
Gordon
They require a Fit Note but this does not mean that you have to give up your job (see below), if you GP is willing then the Note can say that you can only work less than 16 hours a week, however, this is a medical decision and you cannot require your GP to do this.
You are no longer doing PW, so you would have to re-apply to the DWP for the work to be considered as this, if they refuse then the ESA would not be payable and it may have implications in regard to any back payments if you won your appeal as the DWP may not consider you as entitled to ESA while you continue to do the work.
As you appear to have been receiving Income Related ESA, any non-PW work would be deducted from your ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Minx34
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5 years 5 months ago #240684 by Minx34
Replied by Minx34 on topic ESA Appeal and permitted work
Thank you Gordon
I am sure that, pending an appeal, any request for permitted work from me would be denied.
I cannot believe that I will have to give up a job I love and, if I did win the appeal, it would be for nothing.
Totally gutted.
Thank you for your help x
I am sure that, pending an appeal, any request for permitted work from me would be denied.
I cannot believe that I will have to give up a job I love and, if I did win the appeal, it would be for nothing.
Totally gutted.
Thank you for your help x
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