ESA Medical Failed....do payments stop while appealing?

Jummy

Hi!
Asking this for my ex sis in law.
She only got 12 points from her medical.
Will she get any ESA whilst appealing?
Thanks

onetomany

yes at £71 rate

jacques_chirac

Yes, as long as she advises that she wishes to appeal, and submits a medical certificate from her GP. She will need med certs for the duration of the appeal.

Torry_Quine

Just to say that it can take many months for an appeal to be heard and after 365 days unless she has got into the support group will only be entitled to income based.

Jummy

Thanks...all very confusing and I want to give her the right info

osdset

Any appeals need to be lodged before October when mandatory revision before appeal is rolled out. Claimants will get zero while the DWP sits on the case, and as they have been given no time limits, that could be weeks, or months.

rogerblack

osdset wrote: »

Any appeals need to be lodged before October when mandatory revision before appeal is rolled out. Claimants will get zero while the DWP sits on the case, and as they have been given no time limits, that could be weeks, or months.

This is _NOT_ the case.
When you are given the decision, you will be given a letter outlining your appeal rights.
If this mentions mandatory reconsideration - then you have to go through that process.
If it does not - then you are under the existing scheme - whenever your appeal is actually lodged (which can be a maximum of 13 months for a late appeal).

The mandatory reconsideration scheme is a concern.
As I understand it - from October, it will not be rolled out to everyone.
If, however, you claim JSA, and due to your area being one of the UC pilots, you have to claim that instead, then are found to have limited capability for work - you will then be on the mandatory reconsideration scheme.

The exact timescales seem to be reported in different ways at different times.
They love to use 'introduced from'.

How this will work is questionable.
In principle, it could be a good thing for some claimants - they claim to be looking more in depth at the decisions, and to routinely call people.

If it's implemented wrongly, it could lead to chaos, as people will often need to claim JSA for an extended period. Even if they just need to write to a doctor, this may add several weeks to the period of reconsideration due to the doctors delay.

Several things then happen.
Person shows their sicknote from the doctor, being confused about the process - and the claim for JSA is refused.
They can't get to sign on - claim is ended.
They can't meet even a reduced jobseekers agreement - claim is sanctioned or ended.
They get told (wrongly) that they should reclaim ESA.

Dependant on how proactive the DWP is on taking information from ESA decisions over to DLA - this could then be even more problematic for people.
Especially if this is now not DLA, but PIP that will be being reconsidered, and fewer people will be eligible.

epitome

If she appeals now on a GL24 with either

• continuing sicknotes from those already provided or
• A new sicknote from the date of end of the old benefit (IB or IS end date.)

Then she will be paid on appeal. at reduced rate £56 / £71 / £112 depending on her circs.

sja75

Has it being decided where these Mandatory Reconsideration pilot areas are to be?