ESA payments while appealing

minimad1970
minimad1970 Posts: 6,157 Forumite
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edited 8 January 2019 at 10:20PM in Benefits & tax credits
Hello. Can ESA payments, at the assessment rate, be reinstated when a mandatory reconsideration has been lodged?

My son was in the support group but after his reassessment he scored 0 points and lost his entitlement to ESA. He's sent off the MR forms and his GP has provided him with a fit note for 3 months in case he needs it.

Is payment only reinstated if you get moved from the support group to the WRAG group rather than losing your entitlement completely?
Thanks for any advice.
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Comments

  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
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    ESA payments can be reinstated.
    But when the appeal has been lodged with the Tribunal Service.
    Not at MR stage.
    It's worth chasing the DWP for the MR decision. Once that is received then submit the SSCS1 form to the Tribunal Service asap.

    ESA payments are resumed at the assessment rate, and Fit Notes need to be sent to the DWP.

    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/

    http://www.cpag.org.uk/content/ask-cpag-online-can-you-get-esa-while-you-are-challenging-decision
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    Thank you Alice.

    Just so I can get this straight in my brain which is a bit foggy at the moment, if his MR gets accepted he would receive the assessment rate until the tribunal date as long as he sends in fit notes?
    Do you know if this would then mean he would be entitled to free prescriptions and dental care as well? Thanks.
  • tomtom256
    tomtom256 Posts: 2,216 Forumite
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    minimad1970 wrote: »
    Thank you Alice.

    Just so I can get this straight in my brain which is a bit foggy at the moment, if his MR gets accepted he would receive the assessment rate until the tribunal date as long as he sends in fit notes?
    Do you know if this would then mean he would be entitled to free prescriptions and dental care as well? Thanks.


    No he would only get assessment rate once the appeal has been lodged and accepted by the courts and he has asked to be put on it.


    Until then it would be a claim to JSA or UC.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    tomtom256 wrote: »
    No he would only get assessment rate once the appeal has been lodged and accepted by the courts and he has asked to be put on it.

    I thought that's what I just wrote :huh: Sorry if I'm misunderstanding your post.

    Until then it would be a claim to JSA or UC.

    He's also a full time uni student.
  • poppy12345
    poppy12345 Posts: 17,928 Forumite
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    minimad1970 wrote: »
    Just so I can get this straight in my brain which is a bit foggy at the moment, if his MR gets accepted he would receive the assessment rate until the tribunal date as long as he sends in fit notes?
    Do you know if this would then mean he would be entitled to free prescriptions and dental care as well? Thanks.
    If the decision changes at MR stage and he's placed back into the Support Group then there would be no need to request the Tribunal.


    Only 18% of MR decision's change so you'll most like have to take it to Tribunal.


    Once he's back on assessment rate then he'll be able to receive free prescriptions and dental.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    poppy12345 wrote: »
    If the decision changes at MR stage and he's placed back into the Support Group then there would be no need to request the Tribunal.


    Only 18% of MR decision's change so you'll most like have to take it to Tribunal.


    Once he's back on assessment rate then he'll be able to receive free prescriptions and dental.

    Thanks. I don't think the decision will be changed at MR stage. His GP has written a really well worded letter that he sent with his MR form. She was really shocked that he scored 0 points, but did say she knows it happens a lot with younger people, going from the support group to nothing, with mental health problems. Her letter contradicted a lot of the assessment report. She's been his doctor all of his life so knows his difficulties extremely well.

    That's good news about the prescriptions and dental care.
    Thanks.
  • Mr_Majeika
    Mr_Majeika Posts: 13 Forumite
    Mandatory Rec as Poppy mentioned are very rarely turned around in favour of the claimant.

    If you are forced and/or decide to go to Tribunal, make sure that you ask the DWP for a copy of the Medical Report Assessment - named ESA85.
    This is a report from the Medical Professional that carried out your assessment and the points they gave you.
    ESA85 medical report is very useful in Tribunals.

    Good Luck.
  • poppy12345
    poppy12345 Posts: 17,928 Forumite
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    Mr_Majeika wrote: »
    Mandatory Rec as Poppy mentioned are very rarely turned around in favour of the claimant.

    If you are forced and/or decide to go to Tribunal, make sure that you ask the DWP for a copy of the Medical Report Assessment - named ESA85.
    This is a report from the Medical Professional that carried out your assessment and the points they gave you.
    ESA85 medical report is very useful in Tribunals.

    Good Luck.
    The assessment report will be sent to the claimant as part of the "bundle" if it gets to Tribunal.
  • Mr_Majeika
    Mr_Majeika Posts: 13 Forumite
    poppy12345 wrote: »
    The assessment report will be sent to the claimant as part of the "bundle" if it gets to Tribunal.
    Yes, but the claimant can ask for the assessment report before it goes to Tribunal.
    A claimant can ask for this report as soon after they have been called for a medical assessment and at any time after.
    The assessment report would be included in any tribunal bundle.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    tomtom256 wrote: »
    Until then it would be a claim to JSA or UC.

    As a full time student he cannot claim JSA and may not meet the NI contribution requirements anyway if he has not had previous workqualify

    But if he were to claim UC that would end any income based ESA claim anyway.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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