ESA Appeal (Tribunal)

[flynnsmum123]

received a letter on thursday saying they had gotten my appeal and to wait for an appointment at tribunal.

 

now ive been told different things about claiming ESA while waiting on the tribunal.

 

ive been currently made to sign on,i sign the first day and within 2 days i was sent to some silly course. im not exactly fit for work but had to agree to that or i'd have no money apart from cb and ctc.

 

i just dont think its plausable that i keep claiming this as my 1 of my conditions get worse with the cold weather which makes it hard for me to use my hands and my legs go as well.

 

so long story short can i claim esa assesment rate while waiting for this and if so who do i contact about it.

 

thanks

[Bazooka Boo]

So you're claiming JSA??

 

If you fail your WCA, which 9 out of 10 will, then you appeal and you you are paid the 'appeal rate' of ESA, BUT this is after their criminal Mandatory Reconsideration is carried out first, which you will fail.

 

So have you jumped through those hoops yet??

[antone]

You can claim ESA Assessment Rate while waiting for your appeal to be heard provided that you are appealing against a points failure of the WCA - that is, you attended an exam at Atos/Maximus/Whoever and were deemed to be fit for work. You can't get ESA while waiting if your ESA was stopped because you failed to attend an WCA exam.

 

So assuming the former is the case, you now have confirmation from the Tribunal that your appeal is in the system. Contact the ESA processing office and ask that your JSA be stopped and ESA reinstated. You will need to supply medical certificates ("fit notes") for each day of your claim.

[Bazooka Boo]

Your 'fit notes' from the Dr, should last 3 months at a time.

[flynnsmum123]

I missed my atos appointment that's why it was stopped,without so much as a letter to warn me.

 

I did the mandatory reconsideration and their decision to make me fit for was was upheld.

 

My advisor at JCP told me not to bother with sick notes anymore until I was back on esa? Is that wrong?

 

My sick notes were only for like 4 weeks at time.

[flynnsmum123]

I'm due to sign again on Friday coming if I call them tomorrow so go back on esa will this mess up any payment I should have been getting on the 23rd?

[Bazooka Boo]

Who knows? They have targets to meet, the more they can boot of social security the better.

 

Why did you miss your WCA?

I'd be more concerned with the default decision that they made?

[antone]

If your ESA was stopped because you didn't attend an appointment then you can't claim ESA while waiting for the appeal - it will have to be JSA. You don't need sick notes while claiming JSA.