Employment and Support Allowance

Roundhay23

Friend was on ESA (Support Group) but failed to attend work capability assessment' in December. She says that she rang them and explained that she couldn't attend as it clashed with another appointment. She says that they didn't offer her another date and closed the claim. She submitted an MR which failed. She is living with her elderly parents who are supporting her as she has no income. Her GP is encouraging her to apply for PIP. She wants to appeal the ESA decision and is considering applying for Universal Credit. If she applies for Universal Credit can she continue with the ESA appeal? If she wins the appeal will she get her ESA reinstated?

calcotti

If she makes an appeal for ESA she can claim the assessment rate of ESA during the appeal. She will need Fit Notes. If she has Fit Note to cover the period while the MR was going on she can get the assessment rate paid for that period too once the appeal is registered.

If she claims UC she will not get any income based ESA reinstated even if the appeal is successful. Any arrears of ESA due up to the date of the UC claim would be paid. If she has contribution based ESA entitlement that will be reinstated if the appeal is successful and she is found to qualify for ESA.

The appeal is presumably about DWP refusal to accept good reason for not going to the appointment in which case a WCA will still need to be carried out if the appeal is successful.

She should certainly look at PIP too. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

poppy12345

calcotti wrote: »

If she makes an appeal for ESA she can claim the assessment rate of ESA during the appeal. She will need Fit Notes. If she has Fit Note to cover the period while the MR was going on she can get the assessment rate paid for that period too once the appeal is registered.

As the OP failed to attend theassessment then ESA is not paid at all while waiting for the Tribunal.

https://cpag.org.uk/welfare-rights/resources/article/esa-%E2%80%93-limited-capability-claim

montyrebel

what was the other appointment? if it was a doctors appointment etc she ha a chance, if it was a hairdressing one etc then she doesnt

TELLIT01

The claim would generally only be closed if this was either the second failure to attend, or a previous appointment date had been changed at her request and she failed to attend the rearranged appointment. As has been indicated above, she would need a very good explanation of the reason to fail to attend a second time. Anything short of a hospital appointment is unlikely to be accepted as a valid reason.

calcotti

poppy12345 wrote: »

As the OP failed to attend theassessment then ESA is not paid at all while waiting for the Tribunal.

https://cpag.org.uk/welfare-rights/resources/article/esa-%E2%80%93-limited-capability-claim

Thanks poppy - I had completely forgotten that.