Where do I stand? (ESA & appeal)

junior_j

I failed my atos medical and appealed its now going to tribunal which I was told could take up to 17 weeks! However providing I Don't need any more surgery and my medication keeps things calm, I would like to get back to work!

If I was to find a job before my tribunal date arrives do I just phone up and discontinue my claim for ESA ?

Sorry if these questions sound silly I just want to make sure I'm prepared for everything and am doing everything "by the book "

Any help or advice would be great!

TIA

rogerblack

The appeal tribunal sits in the original decisionmakers chair - as if they were making the decision at the time the original DM was making it.
They cannot consider circumstances beyond that time.

Secondly, ESA is not dependant on being able to work or not - just meeting the qualification conditions.

You should report your change of circumstances if you are now recovered.
Not doing so is benefit fraud.

The tribunal will be making a decision based on your initial application, and your condition at the time of the medical. This will have effect up until the change of circumstances - of your going into work, or reporting you are fit.

Stopping your ESA claim does not make a difference to this - other than changing the end date of the award the tribunal may make.

https://www.gov.uk/return-to-work-credit/overview - if you find work before Oct 1.

sja75

The appeal tribunal sits in the original decisionmakers chair - as if they were making the decision at the time the original DM was making it.
They cannot consider circumstances beyond that time.

Important info which is often overlooked. I have seen examples on this and other forums that concentrate their submission on 'now' rather then at the time of the original decision.

epitome

As long as OP continues to get sicknotes they will not be commiting benefit fraud. If they don't get sicknotes they wont be paid.

Yes OP, if you find work of under 16 hours a week you should ask for PW1 form and you may be allowed to stay on ESA whilst you work.

If you find work of 16+ hours a week then you will have to close the claim. But your appeal will continue and if you wi you will still get the arrears payments.

junior_j

Thank you!

My disease is so unpredictable and everyday is different , so I am looking at options I just wanted to know I wasn't doing anything wrong!