ESA Payments reinstated during appeal process?

alanamyles

Asking on behalf of my son, who was assessed as being "fit for work" after WCA in February.

He received a voicemail from the DWP last week saying that they had received confirmation that his appeal had been lodged, and requested fit notes to cover the period from when his ESA was stopped (in February). The message said that his payments could be reinstated as soon as the fit note(s) were received.

When the ESA payments resume, would they be backdated to February, when the claim was stopped, or would they only resume from the date that DWP receive his fit note?

He has not claimed JSA during this time, and has received no benefit or money at all since his ESA payments were stopped. As yet, he has not received anything in writing (from either the Tribunal service or DWP) to say that his appeal has been lodged.

TIA for any advice

HB58

The backpay will be dated to the day the fitnote starts. If he has got them throughout the process, or can get a GP to backdate to the day after the claim was refused, then he will not have any breaks in payment.

Alice_Holt

My understanding is that ESa payments can be re-instated from the time the appeal is lodged with the Tribunal Service (assuming a "fit note" is supplied covering this date).

If your son is successful at appeal, then ESa will be backdated to the date when it was stopped (Feb in your case).

Is he getting help (from the CAB) with his appeal?

alanamyles

Thank you both for your advice, though I'm still a little confused. Ideally he'll get confirmation from the Tribunal service about when his appeal was lodged soon so we can ensure he at least gets ESA at the assessment rate from this date.

The last fit note my son sent to the DWP (before payments stopped) was from January until March 31st. His doctor has supplied further fit notes to cover from April 1st to yesterday and from today for a further 3 months which we will send to the DWP shortly.

It's been really difficult to find clear guidance about backdated payments, though I did find this, which suggests that he should get payments backdated to when they stopped on receipt of fit notes:
http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm140114/text/140114w0003.htm#140114108000053

Really hope he can as he's had no income whatsoever during this time, from February until now. He's been in a terrible state due to results of WCA assessment and was only just able to get MR and appeal in on time.

alanamyles

Alice - yes he's had some assistance from CAB so far. Will need to get in touch for another appointment now to make sure everything is ready for the appeal date. My son needs a lot of assistance due to his condition, but has only recently received a formal diagnosis (waiting for over a year for NHS assessment). This has provided much-needed evidence for his appeal as previously GPs letters were considered insufficient.

Alice_Holt

Some info on restoration of ESa payments pending an appeal here:
http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

This is a useful appeal guide.
Although it deals with PIP, the process is virtually the same for ESa
http://www.advicenow.org.uk/guides/how-win-pip-appeal

It sounds like S29 & S35 could apply to your son:
http://www.cpag.org.uk/content/esa-and-substantial-risk

I would think significant risk to health may be worth citing in the submission to the Tribunal Service.

Good Luck

Bananas123

Where an employment support allowance award terminates because someone does not have limited capability for work following a work capability assessment, it will be reinstated only after there has been either (i) a successful application for mandatory reconsideration or (ii) the mandatory reconsideration is unsuccessful and the claimant has lodged an appeal with Her Majesty’s Courts and Tribunals Service (HMCTS). For the former reinstatement will be from the date of the termination decision; for the latter, once the Department has been advised by HMCTS that an appeal has been made, ESA can be reinstated, in which case it would be backdated to the date of the termination decision. In either situation, if any other benefit has been received in the meantime, for example jobseeker’s allowance, this will be offset against the employment and support allowance due.

/\ taken from alice's post above (thankyouuuu)

i have a wca coming up and was wondering the same,

if the above is to be believed, if successful, you either get it all backdated, from when they stop, or anything backdated to the amount, minus any benefits you have been receivong on the mean time ?

is that correct ?

also, does that mean, you only need to provide sicknotes, to recieve the benefit, whilst the DWP are processing your case ? > i.e. from termination date to either 1) succsessful mandatory reconsideration
or 2) lodging of appeal ?.

(so if you can cope, financially in the mean time, you "don't" need to provide sick notes, really ? is that correct ?)

really have trouble getting to see the doctor for sicknotes...