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Payment while waiting for appeal

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11 years 10 months ago #85780 by stanley
Payment while waiting for appeal was created by stanley
Hi

1. I was initially turned down for ESA in Sept 2010. I was then placed in the SG following my successful appeal in Oct 2011. I have now been called for a WCA again in 2 weeks time. If I am turned down again and have to go to appeal, will I receive any payment during the time waiting for the appeal to be heard? If so, how much will this be? I am over 25. I’m really concerned that I may receive no money.

2. In addition to the questions asked at the WCA previously the ‘health professional’ also asked to take my blood pressure & checked my feet, ankles, arms & back where I said I had odema. Do they really have to do this as part of the WCA & do I have to let them examine me in this way?



Many thanks …………… stanley

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11 years 10 months ago #85783 by Gordon
Replied by Gordon on topic Re:Payment while waiting for appeal
stanley

The restriction applies to claimants receiving ESA(CB), but not ESA(IR), on the assumption that your are receiving the former.

As you were placed (effectively) straight into the Support Group from your inital claim, you should be treated as having used none of your 365 days, therefore;

If you are placed in the Support Group, then your payments will continue without limit.

If you are placed in the WRAG, you will remain entitled to ESA(CB) for 365 days and thereafter to NI Credits.

If you are found Fit for Work and appeal, then you will receive the ESA Assessment rate for a maximum of 365 days and thereafter payments will cease.

With regard to the examination, the ATOS "doctor" can make any reasonable request of you, you can refuse if doing so, would cause you pain, however, you must make it clear that this is your reason for refusing. Refusing for other reasons can lead to you being classed as unco-operative, which can lead to a failed medical, you would then need to show that you had Good Cause for your refusal.

Hope this explains it all.

Gordon

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

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11 years 10 months ago #85793 by stanley
Replied by stanley on topic Re:Payment while waiting for appeal
Many thanks Gordon

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