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    • PlanetMiranda
    • By PlanetMiranda 16th Jun 17, 5:52 PM
    • 7Posts
    • 0Thanks
    PlanetMiranda
    Questions about ESA appeals and things
    • #1
    • 16th Jun 17, 5:52 PM
    Questions about ESA appeals and things 16th Jun 17 at 5:52 PM
    So, I have a few questions, and I've looked through some other threads, but don't entirely feel much clearer. Hoping someone can help me out. Here are my questions.

    1. I understand that once my appeal for ESA (following mandatory reconsideration) is lodged, that I can reapply for ESA rapid reclaim, on basic rate. Do I have to wait for a confirmation letter from the DWP, or can I begin the process either from knowing my appeal was received (it was signed for), or perhaps getting someone to help me call them up, to (Most questions I have seen here seem to relate to people applying for the first time). it's logged on their system in some way?

    2. Is it possible to get a form to reapply for ESA rapid reclaim sent to me, so I can fill it out in advance and have it ready? I find it difficult to think straight on phone calls, and find it much better if I can sit quietly at home with a form.
    2a If so, how do I do this? Do I use the standard downloadable ESA form on the DWP website, or do I need a different form?

    I plan to ask to have my application backdated, to the date the ESA stopped, following my initial decision. I have a backdated sick note to cover this period. (Most questions I have seen here seem to relate to people applying for the first time).

    3. Am I correct in thinking I should be entitled to this? How sure can I be that I will get it?

    4. How much would I be likely to get?
    4a. Is it paid for the mandatory reconsideration period at the basic rate, or at the full rate I was previously getting?
    4b. Does the amount change after 14 weeks for some reason? Some of the information I find seems very confusing around this subject, and what applies to when.
    4c. How long is it likely to take to receive this payment?

    5. If and when I am successful in my appeal, is it likely to be possible to get the shortfall between basic rate, and the full rate I should have been receiving, back dated?

    6. I know that the rates for ESA have gone down since I first started receiving it. If I am successful in my appeal, will I get the same amount I was receiving before the appeal, or the new amount applied to new applicants?

    Thanks for any help you can offer!
    Last edited by PlanetMiranda; 16-06-2017 at 6:03 PM.
Page 1
    • Alice Holt
    • By Alice Holt 16th Jun 17, 7:21 PM
    • 1,375 Posts
    • 1,491 Thanks
    Alice Holt
    • #2
    • 16th Jun 17, 7:21 PM
    • #2
    • 16th Jun 17, 7:21 PM
    1) Once you have completed the SSCS1 Tribunal Service form, and this has been received and logged by the DWP, you can request that your ESA claim resumes. You will need to supply fit notes from your GP. It's likely you will need to phone the DWP to check they have the appeal documentation lodged on their system (and follow up with a letter). I'm not aware of a DWP form to request this.

    2 & 3) This is not a rapid reclaim. It will not be backdated at this stage. It can only be backdated if the Tribunal Service find in your favour (see 5).

    4) It is paid at the basic rate of £73 whilst awaiting your hearing.

    5) If your are successful at appeal any shortfall will be backdated. You will be put back to the same financial position, as if the DWP had made the correct decision in the first place.

    6) To the amount you were receiving before. It is not a new claim subject to the new reduced rates.
    Last edited by Alice Holt; 16-06-2017 at 7:25 PM.
    • PlanetMiranda
    • By PlanetMiranda 16th Jun 17, 8:12 PM
    • 7 Posts
    • 0 Thanks
    PlanetMiranda
    • #3
    • 16th Jun 17, 8:12 PM
    • #3
    • 16th Jun 17, 8:12 PM
    Thanks. That was very clear and helpful!
    • PlanetMiranda
    • By PlanetMiranda 16th Jun 17, 8:14 PM
    • 7 Posts
    • 0 Thanks
    PlanetMiranda
    • #4
    • 16th Jun 17, 8:14 PM
    • #4
    • 16th Jun 17, 8:14 PM
    What is the best way to request that my ESA resumes? Do I need to phone up? Or fill out a form?
    • KxMx
    • By KxMx 16th Jun 17, 8:35 PM
    • 7,123 Posts
    • 9,937 Thanks
    KxMx
    • #5
    • 16th Jun 17, 8:35 PM
    • #5
    • 16th Jun 17, 8:35 PM
    I would phone, and follow it with a letter.
    It might be useful to send in your Fit Note & copy of Tribunal confirmation alongside.
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