Refused ESA after appeal, what next?

tn48884

Hi folks, looking for some advice if possible? My dad has just received his letter stating that his ESA appeal has been refused and that he is no longer entitled to ESA. He has been receiving the lower rate since October 2012. He gets higher rate DLA but I'm wondering what he can do now. In so worried about him and fear this is going to make his mental health worse. Any advice would be much appreciated! xx

nannytone_2

if it is at least 6 months since his unutual ckaim, then he can reappky for ESA ( if the doctor will give him a sick nite),

he will need to gather as much evidence ti support his ckaim as possible.

if nit then he will have ti sign on as appeal decisions can only ne re appealed on points of law (tribunal errors, not just disagreeing with the decision)

tn48884

It hasn't been 6 months so does that mean he has to sign on to JSA? His doctor will provide sick notes as he genuinely isn't able to work. We received a letter a few weeks back saying he could continue to claim esa until Oct 13. I'm so confused! x

mazza111

Did he got to tribunal or was it just the decision maker that said his appeal has been refused? When you say lower rate, do you mean the assessment rate of £71?

Sorry asking these questions because it usually takes longer than that to go to court. From my experience anyway.

tn48884

Yes he went to court for the tribunal. He gets the £71 a week. Please ask as many questions as u need.. In just happy for the help and advice! xx

nannytone_2

when was his claim submitted?
when was his medical assessment?
when did he get the decision?
when did he appeal it ( they should have reconsidered their decision at the same time that the appeal was sent in)
when was the tribunal?[

just seems all tpp quick for the whole process to have been completed/B]

tn48884

He has been recieving esa for a good couple of years. He had someone from ATOS come to his house to on 24 aug 2012. He got his decision on 20 sep 2012. The date of reconsideration was 12 Nov 2012 and his appeal was received on 8 oct 2012. He has his tribunal appeal on Monday and found out today. Hope this helps x

nannytone_2

then it was augist that he had his last assessment, and that was the clain that was turned down.
so the 6 months is up and he can reapply

tn48884

Ok I will try that.. In sorry for all the questions. Does that take long and does he have to go through the medical again? When will they stop the esa he is getting just now? Thank you for all your help this far xx

bloolagoon

How old is your father if you do mind such a personal question.

Torry_Quine

Was it contribution or income based he was receiving?