All benefits stopped

epitome

dookar wrote: »

The law will still exist to allow ESA to be paid at the assessment rate pending an appeal, won't it?

They will not paid during Mandatory Recon....... this could last anything from 2 weeks to 6 months...going on current timescales. They can claim JSA during MR if they want to be paid.

If they lose MR the claimant has to apply directly to the tribunal for the appeal sending their MR refusal letter to tribunal. Once the appeal is accepted by the tribunal the claimant can be paid on ESA during the appeal. However, No ESA payments would commence until the ESA BC receives the tribunal notice that an appeal has been accepted.

If they lose MR (and then submit an appeal), win MR or win appeal and they are on JSA at the time, the JSA will remain open. They will have to request for JSA to be closed and to be put back on ESA.

Munchkinpie

What benefit was she on before it was stopped.... ESA or IB or IS?

She was on ESA, I think

Did she attend a medical assessment appointment?
if 'yes'... Did she then get told she had failed that assessment and "found fit for work"

Yes was was told she failed

if 'No' Why not? Did she fail to attend it or did she fail to return her form ESA50?

She has attended everything required

Does she have a partner?

No she lives on her own

Does she have savings more than £16,000 ?

No she has nothing

Does she have other income (apart from benefits)

Nope, not a thing

Depending on the type of appeal it is, she may need sicknotes in order to get payments, answer the questions and I will be in a better position to advise you.

She is still signed off sick from her doctor

epitome

How much was she receiving on ESA before it was stopped?

And how long has she been claiming ESA?

Munchkinpie

I think around £72 a week

epitome

How long has she been claiming ESA?

When was her assessment?

When was her benefit stopped?

What date does her current sicknote -that the ESA has confirmed they have- expire?

Have they confirmed the appeal has been received? When was it received?

Is it definately recorded on her ESA file as an "Appeal received" or is it a "Recon received"

She will definately be paid on appeal, she just needs to get it sorted out over the phone.

rogerblack

Munchkinpie wrote: »

I think around £72 a week

72/week is the assessment rate of ESA.
This is the rate you get before you have had the medical assessment. (medicals are not required in all cases).

You need to find out why she's not being paid during appeal - the only usual explanation for this being in payment then stopping is either her missing the medical, or turning up and not cooperating.
(At the moment, ignore all the comments about Mandatory reconsideration - it does not apply)

help4help2013

if its going to take them a while to sort her benefit out i would also contact your local council / housing benefit and council tax benefit department and ask them for a NILL INCOME FORM you can still apply for housing/council tax benefit call them up Monday and discuss this with them

MiltyG565

Munchkinpie wrote: »

She is appealing and has been told she is entitled to nothing as she is appealing their decision. She hasn't missed appointments is there anything she is entitle to while waiting?

You should still get something like £56 a week during an appeal. I appealed and that's what I got. I don't think it's true that she's entitled to nothing. Look it up on www[dot]gov[dot]uk