A question about appealing ESA

Patronus

Hello.

I'm due to go for a medical in the beginning of January. The reason being I'm suffering from absolutely crippling headaches. I cannot read, follow tv programmes (etc) or complete simple tasks. I suffer confusion and nausea because of them. The problem is, I'm not due to see a neurologist until a couple of weeks after the medical.

So I obviously do not know the prognosis or treatment plan as of yet. If they tell me I've failed and I appeal it because I'm not fit for work right now, what then happens if I see the neurologist and the treatment is simple?

I.e, something that will cure me before I get to the tribunal? What happens if inbetween appealing it and going to tribunal, I get better?

If I call them and say I no longer wish to appeal it, would they want back the money that they would've been paying in the mean time?

Sorry if that makes no sense, typing this out is hard enough for me.

rogerblack

The tribunal looks at your condition as of the original decision.
If they do not overturn it, you do not have to repay the money.
They may if they grant the appeal, limit the time period of the award, but you do not have to repay it.
If you withdraw your appeal, you do not have to repay.
(Unless your claim was actively fraudulent)

HB58

If you appeal and get better before the appeal is heard, then you thank your lucky stars, withdraw the appeal and get on with your life. You would not be expected to pay back any benefit.

Patronus

Thank you both of you. I'm really hoping it's something that can be quick-fixed as I want to get back to work and study further next year. Thanks again!

rogerblack

If you get better before the appeal _DO_NOT_ withdraw the appeal, but close your claim.
You are legitimately entitled to ESA until you got better, if the initial decision was wrong.

Patronus

Thank you, Roger. What's the difference between withdrawing the appeal and closing the claim?

Thanks again.

rogerblack

Patronus wrote: »

Thank you, Roger. What's the difference between withdrawing the appeal and closing the claim?

Thanks again.

Withdrawing the appeal means that you do not want to contest the original decision against you.

Ending the claim means that you say you want to end your claim, as you,re now fit.
It does not mean that you withdraw the appeal, and the appeal can continue and if you win it, you will get some back pay of the benefit you were denied up to the time you ended the claim.

Patronus

That's great, thank you so much. :beer: