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ESA Appeal

Hi,

Just wondering if anyone knows the answer to this question.

My father had his appeal but only got 9 points, he is going to appeal again does he still get the reduced rate of esa while appealing.

Comments

  • No, he does not. Does he understand that he can only now appeal on a point of law?
  • emmalmann
    emmalmann Posts: 15 Forumite
    Yes thank you for that. Yes we know about the point of law our welfare officer is sorting that out. I don;t know what he supposed to do for money! during this time as can not sign on due to having a years sick note from the doctor. he is 63 years old.
  • He can sign on, the DWP have ruled that he is fit for work and this overrides the fit note.

    Have you looked at the descriptors, does he score 15 points? Did the Welfare Officer help with the appeal?
  • emmalmann
    emmalmann Posts: 15 Forumite
    he scored 9 points and the welfare officer went to the appeal with him.
  • emmalmann wrote: »
    he scored 9 points and the welfare officer went to the appeal with him.

    On what grounds is he appealing now?
  • emmalmann
    emmalmann Posts: 15 Forumite
    I have to wait to see his welfare officer next week. It really is silly as this month he will be going into hospital to have some more of his leg taken off this time upto his hip, so will be out of action for quiet a while.
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    If his GP still considers him Unfit for Work and is willing to provide a Fit Note then he can make a new claim for ESA. If it is more than six months since the decision that he appealed, he will be paid at the assessment rate, if it is less then he won't be paid until the six months are up or he passess the medical.
  • emmalmann
    emmalmann Posts: 15 Forumite
    he had ical in dec last yearhis med
  • Torry_Quine
    Torry_Quine Posts: 18,894 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Does he get or if not could he apply for pension credit. This is from the woman's pension age.
    Lost my soulmate so life is empty.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
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