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margiejohn
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6 years 3 months ago #225302 by margiejohn

ESA APPEAL was created by margiejohn

Good afternoon
I have lodged an appeal re ESA and have received documentation from DWP regarding this. My enquiry is about reinstating payments while I am appealing as I have had not money since 9/11/18. I was too ill to attend WCA on 31/10/18 but because I had already cancelled one appointment I had to go but unfortunately I could not attend so they ceased my claim from 1/11/18. DWP have called me today to inform me that I cannot have my ESA reinstated and to claim UC instead pending the appeal. Last thurs I got a new 13 week sick note and posted it with a letter asking for my ESA to be reinstated but today I find out it cannot be done. Need advice please. Thanks

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Gordon
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6 years 3 months ago #225320 by Gordon

Replied by Gordon on topic ESA APPEAL

M

As your appeal is about failing to attend an assessment I'm afraid the ESA Assessment rate is not payable during your appeal, it can only be paid where a Fit for Work Decision has been made, a failure to attend results in you being treated as being Fit for Work, I realise this sounds the same but it is not.

An ESA administrative appeal should be heard quicker but it could still be months before you have a hearing, if you claim UC in the interim then there is no value in continuing with the appeal as you cannot return to ESA.

Gordon

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

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