What to do? ESA appeal and now claiming JSA!

Cpt.Scarlet

This was a new claim for ESA, if he had passed WCA then he would have had full rate ESA from the beginning of week 14, so if he wins the appeal, it will be backdated to then and then they will receive the difference between the full rate and any monies received in the interim.

Secondly, as the OPs husband was found fit for work because they did not attend the medical, rather than failing it, the 6 month rule for re-applying for ESA does not apply, so they can lodge a new claim for ESA in parallel to the appeal. However, they will not receive the normal assessment rate payment until a decision is made following a WCA test.

aberamanboy

Hi can anyone help, I have appealed against the failed medical and they have declined to overturn my claim. I am awaiting a tribunal, do they continue to pay me the appeal rate of money or do they stop all payments until the tribunal is heard???

Cpt.Scarlet

aberamanboy wrote: »

Hi can anyone help, I have appealed against the failed medical and they have declined to overturn my claim. I am awaiting a tribunal, do they continue to pay me the appeal rate of money or do they stop all payments until the tribunal is heard???

If it's for ESA and you failed the medical due to not scoring 15 points, then you are entitled to receive the ESA assessment rate while you wait for your Tribunal, it doesn't hurt to remind the DWP although it should be automatic.

If it for DLA or IB then you don't get anything while you appeal.

cit_k

Cpt.Scarlet wrote: »

If it's for ESA and you failed the medical due to not scoring 15 points, then you are entitled to receive the ESA assessment rate while you wait for your Tribunal, it doesn't hurt to remind the DWP although it should be automatic.

If it for DLA or IB then you don't get anything while you appeal.

You used to be able to claim reduced rate income support if appealing a normal IB failure, not sure if that is still allowed.