Claiming ESA during wait for tribunal

RyanO1991

Hi,

Doctors have said by partner isn't fit to work. She was claiming universal credit beforehand, but since being declared unfit she went on ESA.

When assessed, they claimed she was fit for work (much of the assessment findings were incorrect and fabricated).

We applied for mandatory reconsideration. We explained that we had lots of medical evidence to submit but needed 8 weeks as we were waiting for letters from various consultants. The reconsideration was made anyway without the evidence and ESA still declined.

My partner has since applied for an independent tribunal. It has now been confirmed in writing.

My partner hasn't claimed universal credit, neither since applying for ESA or during reconsideration.

I asked DWP if she could receive ESA while waiting for the tribunal. They said no because she claimed UC before she received ESA.

Is this correct? Or is she actually entitled to it?

poppy12345

RyanO1991 wrote: »

Hi,

Doctors have said by partner isn't fit to work. She was claiming universal credit beforehand, but since being declared unfit she went on ESA.

When assessed, they claimed she was fit for work (much of the assessment findings were incorrect and fabricated).

We applied for mandatory reconsideration. We explained that we had lots of medical evidence to submit but needed 8 weeks as we were waiting for letters from various consultants. The reconsideration was made anyway without the evidence and ESA still declined.

My partner has since applied for an independent tribunal. It has now been confirmed in writing.

My partner hasn't claimed universal credit, neither since applying for ESA or during reconsideration.

I asked DWP if she could receive ESA while waiting for the tribunal. They said no because she claimed UC before she received ESA.

Is this correct? Or is she actually entitled to it?

I'm assuming she was claiming New style ESA, which is based on NI Contributions from working in the previous 2 tax years. If she hadn't worked then she wouldn't have been able to claim ESA after claiming UC.


This link explains the different types of ESA. https://www.gov.uk/employment-support-allowance/types-of-esa

RyanO1991

Thank you for your reply. Yes, she worked for six years (five in NHS, one in private healthcare).

Thank you for directing me to some more info 😊

RyanO1991

And yes, she was on New Style ESA.

poppy12345

New style ESA is only paid for 365 days unless placed into the Support Group. If she hasn't claimed for this amount of time then she'll be able to go back onto assessment rate. Otherwise no.

RyanO1991

Thank you so much for your advice. This is really helpful. She has only been claiming since September.

Thank you again. Much appreciated.

poppy12345

RyanO1991 wrote: »

Thank you so much for your advice. This is really helpful. She has only been claiming since September.

Thank you again. Much appreciated.

She will need to send sick/fit notes and they will need to be back dated to the date she was found fit for work.


Has she had a look at the Support Group descriptors? Here.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


Reg 35 here. http://www.cpag.org.uk/content/making-exception


Does any of those apply to her? WRAG would only be paid for 365 days as advised.

RyanO1991

Thank you. Yes, when we went through the mandatory reconsideration, we detailed how her conditions related specifically to the descriptors.

The GP, physiotherapy and consultant notes would have evidenced this but they declined the reconsideration without seeing them, despite us informing them we would send them on as soon as we had them.

With regard to Reg 35, she was sent home from her last job as her health quickly deteriorated and they deemed her unsafe to work.

Thank you for your continued advice. This is really helpful ��

poppy12345

Also, be prepared for a very long wait for a hearing date. Some areas have back logs as long as 1 year. Appearing in person will give her the best chance of a decision in her favour.

RyanO1991

Thank you �� We're prepared for a long wait and she certainly intends to appear in person.