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ESA assessment rate whilst waiting for tribunal

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7 years 1 month ago #211198 by Trynn
Hi, I had an assessment and had my ESA award withdrawn and I was declared fit for work. We did the mandatory reconsideration but no luck. We have now received a letter from the tribunal service to acknowledge submission and today a pack from DWP with all documents etc.

In the appeals guide for ESA it says I can claim at assessment rate (I'm in a universal credit area and have been claiming JSA since I received my decision although have a fit note so have not had to sign on and go to interviews etc)

Once I send my fit note to the tribunal service will I be put on assessment rate ESA automatically or is there something else I need to do?

Thanks

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7 years 1 month ago #211212 by Gordon
Theresa

Providing this was your first Fit for Work Decision or the first since an award then you should be entitled to the ESA Assessment rate while you wait for your appeal hearing.

You need to contact the DWP, not the Tribunal Service, that dealt with your ESA claim and ask to be placed back on ESA, you will need to maintain a Fit Note on file for payments to be released.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Trynn

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7 years 1 month ago #211588 by Trynn
Hi thank you unfortunately though this doesn't seem to be the case unless I have received wrong info.

ESA say that I can not go back to them to receive the assessment rate as I now receive universal credit and am on that system.

Universal credit say they do not do assessment rate....

Doesn't seem good news!!

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7 years 1 month ago #211597 by Gordon
Theresa

Forgive me but you said you were claiming JSA, when did you start a claim for UC?

Yes, if you are claiming UC and have received payment then you cannot return to ESA. You need to present a Fit Note to your work advisor and ask to be assessed for Limited Capability for Work or you will be asked to seek work.

Gordon

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7 years 4 weeks ago #211860 by Trynn
Thanks Gordon apologies I am thoroughly confused by the move to Universal credit since my ESA was declined.
Yes I have provided a fit note and they are not asking me to seek work. I am not sure if I have been assessed for Limited Capability for work though...??
I am definitely only receiving the standard amount of Universal Credit though

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7 years 3 weeks ago #211875 by Gordon
Theresa

You won't receive any extra money until you have been assessed for LCW, this means a UC50 (equivalent to an ESA50) and a face to face assessment. so it will be some time before this is resolved.

Gordon

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