New ESA Claim

galante_inc

Hi all

If my ESA tribunal appeal fails and I lodge a new claim to ESA...IF the ATOS assessment score another big fat 0 and I proceed to appeal... do they still pay an appeal rate

rogerblack

In short - not until the 'mandatory reconsideration' takes place.
It has been stated that the required reconsideration that has to take place before the appeal is submitted should take around 2 weeks.

I consider this extremely unlikely spin.

To quote an earlier post of mine:
April 1 - decision made on claim, and notified by post to claimant.
April 3 - decision letter arrives at claimant, claimant asks someone about it, and decides to appeal.
April 7 - request for reconsideration arrives at the DWP
April 9 - refusal of request for reconsideration, claimant is sent notice including appeal form.

April 11 -claimant sends this to the tribunal service.
April 14 Tribunal service sends letter to DWP that appeal is received.
April 16 - benefit resumes at appeal rate.

The problems are basically that even now, none of these bodies are not relying to any one of these steps in much under a week, some significantly longer, never mind 'by return of second class post' as I've assumed in the above. (they do not use first class post)

The only mention of '14 days' I can find is the time that the initial appeal deadline is extended if you request a statement of reasons - if one was not initially supplied.

There are no time limits at all in the process - at any of the steps above.
The only time limit (28 days) comes in after Oct 2015, and is about the timescale of the DWP preparing a response for the tribunals service.
This is _after_ benefit would have resumed.

https://forums.moneysavingexpert.com/discussion/comment/63240852#Comment_63240852 goes into the problems around claiming JSA during this period.

The above reconsideration can be prolonged if the decisionmaker decides to gather more evidence. Your payments do not resume until either the reconsideration succeeds, or the rest of the steps outlined above occur.

epitome

You will not be paid on reconsideration but a reconsideration is now mandatory before you can go on to appeal.

The 14 days is a guideline for reconsideration. The time starts once the BC has received your reconsideration statement....<<<14 days is here>>>.....to the point at which they make their decision. Then they send you the decision and it's for you to then take this forward to appeal.

They are quite often succeeding in meeting this 14 day decision window.

If you want a really fast Mandatory Reconsideration (I do not advocate this method I think it would be really stupid) You can send in a letter (send it by jobcentre AJCS for superfast delivery) asking for Mandatory Reconsideration making it clear that you are not supplying and will not suply any extra evidence.

They will then have no extra evidence to look at and you will have your decision very fast, possibly within 3 days.

After recon you get 2 letters, 1 of which you send to the appeals tribunal and ask for an appeal, when the appeals contact the DWP the DWP will start paying you again.