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ESA. Can I still claim during appeal period? 7 years 6 months ago #98170

Hi Folks

I'm soon to be taken off Incapacity Benefit; the DWP have invited me to apply for ESA instead. Looking ahead to my brother's experience with his ESA application, am I right in thinking that a change to the rules means that if he appeals against the outcome-decision which he received two weeks ago (he did not qualify and has been invited to apply for Job Seekers Allowance instead), he cannot continue claiming ESA at a reduced rate whilst he awaits the outcome of his appeal? That he can either claim JSA or starve?

Kind Regards

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ESA. Can I still claim during appeal period? 7 years 6 months ago #98185

leed46 wrote: Hi Folks

I'm soon to be taken off Incapacity Benefit; the DWP have invited me to apply for ESA instead. Looking ahead to my brother's experience with his ESA application, am I right in thinking that a change to the rules means that if he appeals against the outcome-decision which he received two weeks ago (he did not qualify and has been invited to apply for Job Seekers Allowance instead), he cannot continue claiming ESA at a reduced rate whilst he awaits the outcome of his appeal? That he can either claim JSA or starve?

Kind Regards


Hi l46,

If you are found fit for work, you can appeal the decision using the GL24 form which can be downloaded from the link on this page : How to submit an appeal

You would also have to obtain a MED 3 "fit note from your G.P. to cover you from the date that your IB ceased.

Once you have submitted your GL24 and the MED 3, you would be entitled to the assessment rate of ESA whilst the appeal was ongoing, this is not repayable no matter what the outcome is.

To improve your knowledge, I would advise you to read the following FAQ's :

IB, IS, SDA, Migration to ESA FAQ’s

ESA FAQ’s

Appeals FAQ’s

ESA Claims Guides

You will find the answers to many of your queries therein.

bro58

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ESA. Can I still claim during appeal period? 7 years 6 months ago #98190

Leed, you are correct that there are going to be changes to the reconsideration/appeal process, but that has not yet come into force.

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

ESA. Can I still claim during appeal period? 7 years 6 months ago #98192

Mrs Hurtyback wrote: Leed, you are correct that there are going to be changes to the reconsideration/appeal process, but that has not yet come into force.


MHB is correct, changes are proposed wherein a claimant may have to have a reconsideration before they can submit an appeal.

We can only advise on how the law stands at present, and will obviously update our information to comply with any legislation that may come into force in the future.

bro58

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ESA. Can I still claim during appeal period? 7 years 6 months ago #98200

leed46

Just to add to what has already been advised, if the claimant is receiving ESA(CB) then the Assessment rate will only be paid for a maximum of 365 days while appealing, and possibly less if the claimant has also spent anytime in the WRAG. It is therefore possible for someone who has already spent 365 days in the WRAG not to receive payments while appealing.

Gordon
The following user(s) said Thank You: leed46

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