Delay in notification of ESA suspension

Was notified of suspension from ESA by letter two weeks after the actual suspension date. (Actually because of Easter Bank Holidays it was 18 days before I could seek any advice on what to do) Was on low rate of ESA but in receipt of housing benefit etc.

Have a fit note from my doctor covering from the date of suspension. Am considering appealing but not sure I can cope with going before a tribunal.

Is it right that if I lose the appeal I will lose all housing benefit, council tax benefit and all ESA money that would have been paid for that period until I either sign on JSA or lodge an appeal?

Also my doctor one told me in order to appeal I had to see a psychiatrist and receive treatment, is that right?

You say that your ESA has been 'suspended'. By this, do you mean that you have been found 'fit to work' following a reassessment?

On the assumption that the above is correct - you can appeal this decision within one month of the date of the letter that you received. In fact, you can applea up to 13 months later as long as you can show 'good reason' for the delay. Not receiving the letter ight well be 'good cause' for a corresponding delay in appealing.

If you appeal, another Decision Maker will carry out a mandatory reconsideration and some people do get the decision changed in their favour at this stage. If the recon does not go in your favour the case will be sent to the appeals tribunal service. You could withdraw the appeal if you felt, at any stage, that things were getting too much for you. However, if your ESa has been stopped then you have nothing to lose by appealing.

Your GP might feel that you would have a better chance of winning the appeal if you have been referred to a psychiatrist, but it is not true to say that you must do this in order for an appeal to be successful. What you must do is show how you meet the descriptors for ESA.

Qualifying for the WRAG

Qualifying for the Support Group

Why don't you have a good look at our appeals FAQs and then comeback to this thread/topic if you have any further questions (you will be able to find it easily in future if you mark it as a favourite now)?

Appeals FAQs

(Edited to add) sorry, I should have said - you need to submit a formal appeal and a medical cert ('fit note') from your GP in order to get the assessment rate of ESA while you are appealing. The cert from your GP should be dated from the day your ESA finished and you must make sure that you keep these in date for the duration of your appeal. Housing benefit etc are paid on the basis of low income but you might need to contact the departments dealing with these as all they will know is that you are no longer on ESA.