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
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
