ESA Medical appeals process

[wishface]

I had my medical last week. Sat through all the bizarre questions (such as what type of tv programme do i like to watch?). Now i have to wait for them to tell me i'm not entitled to anything.

 

My question is how does the appeals process work, as I gather you can still claim ESA during it. I have a medical note from last friday (assuming it's arrived, the last one didn't) for another two months. I doubt my GP will want to write another, so I at least would like to know that, if I have to appeal (never mind a tribunal, which i gather is another stage altogether), I can still keep claiming that money, assuming i don't get my appeal heard before the note expires.

 

Thanks.

[honeybee13]

Hello there. My sticky on this forum gives information on appeals and tribunals, perhaps it would be helpful for you to read it. I think someone posted another source of information recently, but I can't remember what that was at the moment. Hopefully they will post again.

 

HB

[wishface]

Thanks, can you explain what this means:

 

If you appeal this decision, your benefit will revert to the Assessment Rate as of the date of the letter.

 

Are you referring to the date of the letter telling you that you failed the medical? Is that the same date used to terminate your ESA (until you appeal).

[honeybee13]

I think so. Hopefully one of our gurus will be along later. Do you have a concern about the dates?

 

HB

[ErikaPNP]

The date to terminate ESA (the "decision" date) is when ESA will be reinstated from upon appeal. If you appealed the decision, your GP would have to continue to issue sick notes throughout this process until the appeal is heard.

 

When you appeal, you are appealing to the tribunal. When an appeal form is received, DWP have to reconsider the decision first. If they find in your favour, the appeal lapses and does not go to tribunal. If they do not find in your favour, the appeal will continue and go to the Tribunal Service.

[wishface]

Is there a wait time until they decide to reinstate ESA, above and beyond how long it takes them to receive the letter of appeal?

 

What happens if the appeal process exceeds the duration of the sick note and another isn't available?

[ErikaPNP]

They should award it upon receipt of your appeal, providing it is duly made (has all the things an appeal requires in order to be accepted - signature, grounds etc).

 

If the process extends beyond the expiry of your sick note and another is not provided, they will stop paying the benefit.

[antone]

At the office I worked in, you could expect it to take around 14 days from their receiving an appeal to reinstatement of payments. That assumes, of course, that the medical certificates are up to date.

[wishface]

If you cannot get a note to continue receiving money during the wait for the appeal, does that affect the appeal itself?

[honeybee13]

Hello again. I'm a bit confused about why you won't have a sick note again. Does your GP think you're able to work, or will be soon?

 

And does this mean your appeal is about receiving the higher rate of benefit up to your tribunal, say, rather than the assessment rate?

 

Sorry if I've missed something.

 

HB

[wishface]

Again: what happens to the appeal if I can't get a sicknote to cover the rest of the time i'm claiming for while waiting for the appeal to be decided. Don't worry about why i might not get a sicknote.

[honeybee13]

I suspect this sort of question is going into such fine detail that only Erika or Antone are likely to know the answer.

 

I do my best to help, but have never held myself out as being a benefits guru. My sticky is based on personal experience and what I've read up about the system online, with a couple of points that have cropped up on the forum. I was trying to help people who are going through what I went through and it has worked for some of them. Please be patient with me.

 

HB

[antone]

Again: what happens to the appeal if I can't get a sicknote to cover the rest of the time i'm claiming for while waiting for the appeal to be decided. Don't worry about why i might not get a sicknote.

 

The appeal will continue but you won't be paid any ESA for the period from the end of your last sicknote. You're appealing about a past period - so the appeal won't be stopped merely because you are no longer entitled to the benefit.

 

One thing I'm not sure about (because it never came up when I worked there and I no longer have access to the ESA guidance) is how the period after your sicknote ends would be treated if you win the appeal. Erika may know this one, but I'm afraid a few months away from processing has made my "benefit brain" a little foggy in places.

[mandyjay]

Im having the same problems but i was only awarded 12 points in my medical so now im appealing but like the other person my g.p isn't overly keen to keep wrighting out sicknotes even though she agrees im unfit for work... Im finding it hard at the moment ...