Help please

p.kane1981

I had a letter last week saying my esa claim had stopped due to results of a medical I had, I have appealed against this decision and have received another letter this morning saying “We will look at the decision that you have appealed against and, if appropriate, we will revise the decision in your favour. In this case you appeal will lapse and will not be sent to the tribunal service. If we cannot revise the decision in your favour we will send you another appeal letter and papers, giving our reasons for this decision. I really can’t believe this is happening to me and I’m very scared that my benefits will stop. I can’t call anybody due to it being Saturday. I am also worried that my housing benefit will stop too. Could anybody please give me some advise on this matter as am very worried, will my housing benefits still get paid even thought my esa is on hold.... Thank you

ITookMyMeds

Hey, don't panic.

When you apealed their decision did you state that you wished to continue to receive your ESA whilst going through the appeal? If so you're fine, you're money will continue and so will your HB+CT however let your landlord know whats happened in case it has been stopped, but it will be back dated so you and landlord don't lose out.

The letters and stuff they refer to are the actual paperwork which the doctor who did your medical completed along with the findings of the decision maker and the review of the second decision, all that will happen if the second look agrees with the first decision is it goes to tribunal, where you can plead your case to them, they're independant from DWP and ATOS.

However if it does go to tribunal you really need to be there in person as if you don't go they just look at what you have written when you appealed the decision, going in person means you can dispute everything they have said that you disagree with, not going doesn't give you that chance.

I have my tribunal on 15th Nov and if it helps i can let you know how it goes?

Hope this helped.

p.kane1981

or im really worried now in the letter i did not state that i wanted me benifits to continue... i really think im goosed now... thank you for your reply

suelees1

You should continue to be paid the assessment rate £65.45 until the appeal is heard. Just give them a ring on Monday to clarify it. As long as this happens your HB/CTB will continue. If for some reason your ESA doesn't continue (which is unlikely) you just need to fill in a change of circumstances form which you can get from the council.

ITookMyMeds

I only knew to put that i wished to continue to receive my esa because my Pathways advisor had warned me in advance and told me i needed to put it, but like Suelees1 said, give them a ring on monday.

suelees1

I've never come across this ITookMyMeds. It's usually automatic if you appeal the decision but not if you just ask them to look at it again. It's obvious the OP has appealed just by the contents of the DWP letter inw hich it says it will be forwarded to the Tribunal Service if they don't change their minds. This doesn't happen if your ESA stops because you failed to attend the medical assessment.

cit_k

Your ESA should be paid at the asssessment rate whilst you are appealing.

Give them a ring to check if you are worried.

Your HB etc should continue, although you should tell them you are appealing the decision and inform them you are getting paid ESA at the assessment rate whilst you are appealing, just to keep them informed.

If you have wish to you can send further information to the decision maker as to why you are appealing, if you can get in touch with a welfare rights advisor or CAB worker I would advise doing so, for furhter help on the appeal process - success rates are higher if you are represented at appeal.