Claiming ESA While waiting for Appeal Date

Hi Denni

Even though it is mentioned that they should automatically pay you at assessment rate on appeal, in my very limited experience (all bad) it is worth doing a recorded delivery letter saying that although they should automatically continue to pay you - you want to make it clear that you are wanting and continuing to claim ESA at the assessment rate while awaiting your appeal. I failed to do this and did not get paid it until lots and lots of calls after my appeal.....

I would say send anything recorded delivery - as they have lost so many documents of mine.

Thanks Tilly. Do i claim for the ESA assessment rate from when they stopped my payments?

denni wrote:

Thanks Tilly. Do i claim for the ESA assessment rate from when they stopped my payments?

Hi Denny,

Tilly's posting above applies ONLY IF your appeal is against the failure to pass the Work Capability Assessment, because you scored less than the required points, when you can then continue to claim the basic allowance (Assessment Rate) of ESA while awaiting the outcome of the appeal.

If so, you should follow up your submitted GL24 with a 'sick note/fit note' from your Doctor and infom the DWP office dealing with your claim you wish to continue claiming ESA at the assessment rate pending appeal.

As I alluded to in my previous post on this thread though (and as you have not stated your grounds for appeal), it must be stressed that if your appeal is for any other reason (and there are many reasons why people do not receive ESA and need to appeal decisions, such as contibutions record, allegedly too much capital or income etc etc), then payment at the Assessment Rate pending appeal does not apply.

I hope that clerifies the situation for you.

Pete

Hi Pete

If you are claiming the contribtuion based ESA only (non income related) then your income level etc is not relevant surely? I ignored all teh income sections of my forms, as I am only claiming contribution/non income related ESA.

I wish when I appealed I had made it clear I was continuing to claim assessment rate - which this site helps make clear! Alas, I joined later than that!

They really do seem to make this process hard for people, and being very sick, it makes it very tough. I was advised many different things on the phone lines, it was only after about 5-6 calls, someone told me I could make a late appeal!

Tilly

tilly wrote:

Hi Pete

If you are claiming the contribtuion based ESA only (non income related) then your income level etc is not relevant surely? I ignored all teh income sections of my forms, as I am only claiming contribution/non income related ESA.

I wish when I appealed I had made it clear I was continuing to claim assessment rate - which this site helps make clear! Alas, I joined later than that!

They really do seem to make this process hard for people, and being very sick, it makes it very tough. I was advised many different things on the phone lines, it was only after about 5-6 calls, someone told me I could make a late appeal!

Tilly

Hi,

The problem is that the OP has not stated which ESA (Contibution Based or Income related) he is trying to claim, nor the reason for the DWP declination of claim and therefore his/her grounds for appeal. Thus we have to cover all bases at it were.

With regard to Contribution Based ESA, although not means tested as such, there is a form of means test imposed where an occupational pension over £85 per week is in payment (again we do not know the OP's situation) thus it is not as strightforward as it seems.

We do like to provide accurate and upto date information and must point out where intricasies and relevant law applies.

Pete

pete17971 wrote:

denni wrote:

Thanks Tilly. Do i claim for the ESA assessment rate from when they stopped my payments?

Hi Denny,

Tilly's posting above applies ONLY IF your appeal is against the failure to pass the Work Capability Assessment, because you scored less than the required points, when you can then continue to claim the basic allowance (Assessment Rate) of ESA while awaiting the outcome of the appeal.

If so, you should follow up your submitted GL24 with a 'sick note/fit note' from your Doctor and infom the DWP office dealing with your claim you wish to continue claiming ESA at the assessment rate pending appeal.

As I alluded to in my previous post on this thread though (and as you have not stated your grounds for appeal), it must be stressed that if your appeal is for any other reason (and there are many reasons why people do not receive ESA and need to appeal decisions, such as contibutions record, allegedly too much capital or income etc etc), then payment at the Assessment Rate pending appeal does not apply.

I hope that clerifies the situation for you.

Pete

Thanks Pete. I failed my Work Capability Assessment as i scored less than the required points.So waiting for my appeal date. Off to see my GP tomorrow to get a medical note etc. Then fingers crossed i will get ESA at the assessment rate.