Failed Atos Medical, will claimant still get Assessment rate?

eadieb

for anyone still reading this.

From what i have read about the appeal changes and mandatory reconsideration process, if a claimants ESA is turned down and they apply for JSA during the mandatory reconsideration process, and then, if decision is still negative and go on to lodge an appeal....they will still be left on JSA whilst waiting for appeal unless they contact DWP and ask to be changed back to ESA whilst appeal waits to be heard.

it seemed that it is not going to be an automatic swap back to ESA just because you appeal. You have a right to swap back but I would expect claimants not to be told this unless they ask.

but it is all new so I have not experienced the new process yet

sja75

eadieb wrote: »

for anyone still reading this.

From what i have read about the appeal changes and mandatory reconsideration process, if a claimants ESA is turned down and they apply for JSA during the mandatory reconsideration process, and then, if decision is still negative and go on to lodge an appeal....they will still be left on JSA whilst waiting for appeal unless they contact DWP and ask to be changed back to ESA whilst appeal waits to be heard.

it seemed that it is not going to be an automatic swap back to ESA just because you appeal. You have a right to swap back but I would expect claimants not to be told this unless they ask.

but it is all new so I have not experienced the new process yet

Agreed. However if the claimant fails to meet the criteria for JSA proper they are left with the option of JSA Hardship.

The consideration period for JSA Hardship, in my case (not ESA related) was about six weeks before it was granted prior to a wrongful sanction.

Dependant on circumstance I can understand how a claimant may wish to fast track MR as my previous post on this thread.

bery_451

sja75 wrote: »

Agreed. However if the claimant fails to meet the criteria for JSA proper they are left with the option of JSA Hardship.

The consideration period for JSA Hardship, in my case (not ESA related) was about six weeks before it was granted prior to a wrongful sanction.

Dependant on circumstance I can understand how a claimant may wish to fast track MR as my previous post on this thread.

Yeah JSA sanctions are deadly im hearing nowadays. 3 sanctions and your banned from any benefits for 3 years!