Benefits during MR and Appeal process

Hi Iris

Which benefit are we talking about?

If we are talking about PIP then the answer is no, benefits stop from date of the decision until your MR is successful or your appeal is successful. If anyone is receiving CA for you this will also stop.

If we are talking about ESA, then your ESA claim will stop from date of decision until your MR is successful, if you have to appeal then ESA can be paid at the assessment rate until the outcome of your appeal.

If you are in receipt of HB then this usually will also stop until you notify your local authority that you are appealing the decision, they usually ask what will you be living on during this time. Any premiums you were receiving will also stop.

Yes you can always check with DWP that they have taken all your supporting documents into account, ask for a copy of the HC report.

Gary

Hi Iris

You can ask for a mandatory reconsideration of the decision if you are unhappy with the level of the benefit that has been awarded (e.g if you are awarded thestandard rate of the daily living component but you believe you are entitled to the enhanced rate) or the period for which it has been granted. Be careful, however, because when you ask for a mandatory reconsideration, they will look at the whole award and can take away the rate already granted.

When you ask for a mandatory reconsideration ask them to send you copies of all the evidence they used to make the decision and ask them not to take any further action until you have had the chance to respond to that evidence.

If you phone, put your request in writing as well; keep a copy for yourself, follow our guides www.benefitsandwork.co.uk/help-for-claimants/pip

Your claim should not stop whilst you put in for a MR if it is in payment, it will only stop if they make an adverse MR decision.

Gary