Esa after WCA

poppy12345

Jetjet13 wrote: »

Well I received the decision and it’s benefit has stopped saying I’m fit for work even though I was observed walking 45m stopping 3 times due to pain what now ?

As you've been found fit for work then your next step is to request the MR and you have 1 month from the date of the decision to do this.


Put your request in writing stating which group you think you should be placed into and your reasons why. Do be aware that for the mobilising descriptor they will take into consideration your ability to self propel a wheelchair.


If you claim Universal Credit now you've been found fit for work then you won't be able to go back onto ESA.


If you claim for housing benefit then you'll need to contact your local council and fill out a nil income form, this will allow your housing benefit to continue while you wait for the MR.


Most MR decisions remain the same, if this happens and you haven't claimed UC then you'll be able to go back onto assessment rate for ESA while you wait for the Tribunal. You'll need to send in fit notes for this, which will need to be back dated to the date you were found fit for work.


If you can speak to your local CAB or the likes then i'd advise you to do this for help and support.

Jetjet13

Thank you so much... it’s a universal credit area I live in so can I apply for income support as I really need some money coming in.

Nannytone

Income support is also covered by universal credit

Jetjet13

I don’t no what to do then because I’ve read you can’t go back on ESA if you apply for universal credit so what’s the point of appealing can any one put me out misery please

poppy12345

Jetjet13 wrote: »

I don’t no what to do then because I’ve read you can’t go back on ESA if you apply for universal credit so what’s the point of appealing can any one put me out misery please

All areas are now a full UC are so applying for any old legacy benefit is not longer possible.



If you apply for UC and you decide not to the request the MR/Tribunal for the ESA decision then if you apply for limited capability for work under UC and you're awarded the equivalent of WRAG, which is LCW then you won't receive any extra money because of the rule changes in April 2017.


If you appeal the ESA decision and you're eventually awarded LCW, which is WRAG then you'll receive the extra money each month because your ESA award will be honoured for UC.



Please get some face to face advice from your local CAB or the likes.

Robbie64

The poster wrote she was getting ESA with the Severe Disability Premium so can't claim Universal Credit.

poppy12345

Robbie64 wrote: »

The poster wrote she was getting ESA with the Severe Disability Premium so can't claim Universal Credit.

Thanks for that. Reading back, i had already advised the OP that they couldn't claim UC because of this. When they posted back that they had been found fit for work, i didn't re-read the last few comments. Helping so many people on here, it's easy to forget exact details of everyone's posts.



OP as pointed out you can't claim UC but you can claim JSA with a fit note for an extended 13 week period BUT my advice is not to had in the fit note until your 2nd job centre appointment.



I would still advise you to get face to face advice.

Robbie64

I'm wondering whether, following a mandatory reconsideration and assuming it is unsuccessful, the OP can reclaim ESA while awaiting the outcome of an appeal? The OP states that there has been a previous appeal so possibly the OP was paid assessment rate ESA while pursuing the appeal but as the appeal was successful I'm wondering whether there is scope to have ESA once again (assuming it happened first time around) paid at the assessment rate while awaiting the outcome of an appeal?


The Citizens Advice give two scenarios where assessment rate ESA can be paid pending an appeal:

You can be paid ESA until the appeal is heard if you’re appealing a decision that found you failed the work capability assessment.


You’ll only be paid ESA if this is either:

• the first time you failed the work capability assessment
• the first time you’ve failed the work capability assessment since a previous decision that you met it

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/esa-money-and-benefits-during-reconsideration/


The first scenario won't apply as there has seemingly been a previous WCA failure. However as it went to appeal and the OP was successful then the second scenario should apply. A decision includes a decision of a tribunal.


The suggested course I've previously read is to get in a Mandatory Reconsideration and if it is possible (and this will depend on whether someone has enough funds to do so with no income other than PIP) wait until the MR has completed then submit an appeal to the tribunal and once it is accepted get ESA back into payment (assuming that second scenario above reads as I think it does). The second course here is to put in a MR and apply for JSA and then if the MR doesn't work out reclaim ESA once an appeal has been submitted and accepted if ESA can be paid pending an appeal. Both will involve the OP having to obtain ongoing fit notes from a GP though.


The other way to reclaim ESA, and this is something the OP touched on in an earlier post is to reclaim ESA on the grounds of a new condition or on the grounds that an existing condition has got much worse. There's less scope here for claiming a condition has worsened as it will be compared against how the condition was at the time of assessment / decision. Effectively this is a new claim and is not part of the MR / appeal process. If an exisiting condition is still the same as it was just a few weeks ago then this option isn't there.


I agree that seeking advise from the Citizens Advice or similar is best but its also best to get a Mandatory Reconsideration in as soon as possible and often it can be best to get the MR out of the way as soon as possible if there is an option of getting an appeal in quickly to get ESA back in payment. Sometimes that may involve just asking the DWP to reconsider the decision on the evidence they already hold and getting together any additional evidence / helpful letters from GP etc for the appeal stage as doing so for the MR stage can slow things down.

poppy12345

In this scenario the OP will be able to claim assessment rate for ESA while waiting for the Tribunal. This is because for the previous Tribunal they were found to have LCW so the DWP decision was incorrect.

calcotti

poppy12345 wrote: »

OP as pointed out you can't claim UC ....

Are we sure about this. For the SDP Gateway to apply doesn’t the claimant have to have been entitled to SDP in last month and to continue to meet the qualifying conditions. If they have been found Fit for Work surely they don’t meet the second part of the test in respect of ESA so are not excluded from claiming UC.

The SDP Gateway will only apply, I think, if they are also claiming Housing Benefit which will still include the SDP.

No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom –

(a) is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium; and

(b) in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.