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assessment phase esa while appealing

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12 years 4 months ago #75604 by Tylluan Penry
assessment phase esa while appealing was created by Tylluan Penry
Is it still possible to apply for payment of assessment phase esa while appealing if one has been turned down for esa but was previously in receipt of incapacity benefit?

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12 years 4 months ago #75621 by Gordon
Replied by Gordon on topic Re:assessment phase esa while appealing
Magwitch wrote:

Is it still possible to apply for payment of assessment phase esa while appealing if one has been turned down for esa but was previously in receipt of incapacity benefit?

Yes, you are entitled to receive the ESA assessment rate while you appeal, providing you are appealing a Fit for Work Decision and not a technical infringement. The payment should be automatic but it doesn't hurt to remind the DWP that it is due.

Gordon

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

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  • bro58
12 years 4 months ago - 12 years 4 months ago #75622 by bro58
Replied by bro58 on topic Re:assessment phase esa while appealing
Magwitch wrote:

Is it still possible to apply for payment of assessment phase esa while appealing if one has been turned down for esa but was previously in receipt of incapacity benefit?


Hi Mw,

If a claimant is found fit for work, and therefore has no entitlement to ESA, the claimant can appeal the decision within 1 month of the date of the decision using form GL24.

The claimant will also have to obtain Med Certs (Fit notes) from their G.P.

The claimant will then be entitled to assessment rate ESA, whilst under the appeals process.

Please see the sections on "Appeals", and "ESA" on our FAQ's from here :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=70444#70444

bro58
Last edit: 12 years 4 months ago by bro58.

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12 years 4 months ago #75657 by Tylluan Penry
Replied by Tylluan Penry on topic Re:assessment phase esa while appealing
Thank you Gordon and bro58 so much for your replies. I thought this was the case but wanted to be absolutely certain.

Many thanks!

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