esa assessment phase

please could someone tell me when the esa assessment phase starts. Is it:
when form esa50 is sent to you or
when you return it?

And, when does it finish. I can understand that if you are placced in the support group then the assesment has finished once that decision is made. But for the wrag group?

The ESA assessment phase starts as soon as a claim has been made and the allowance has been awarded, and it ends when the claimant undergoes the work capability assessment and is notified of the outcome.

If a claimant fails the WCA, the claimant may appeal the adverse decision, and therefore it will end when the first-tier tribunal makes a decision on entitlement. If a claimant wishes to appeal further to the Upper Tribunal, they will not be paid at the ESA assessment rate pending the result of the appeal, which in my opinion is grossly unfair and potentially open to a legal challenge, as in theory the appeal process could end up in the Supreme Court or even the European Court of Justice, which will inevitably take several years!

I wondered if you knew what happens to an ESA claimant when a new ESA50 is sent out and they may end up appealing. Do they get the existing esa payments and disability premium or is it back to a low assessment rate without the premium ?? Thanks

There is no disability premium payable with ESA, so I'm afraid that it is back to the assessment rate pending the outcome of a successful appeal, in which case you will be entitled to arrears of either the work-related component or the support component from the date it was terminated.

I am presently getting disability premium on my ESA. Thank you for your help on this I am worried about how to manage again on appeals and low payments while not only sick but actually in a worse condition due to the diabetes I have also now got. I can't see how any of this helps sick people get better but I will make that complaint to my MP right away.
Cheers

Hi James

If you are getting disability premiums on your ESA, and the ESA is income-related, then the premiums should continue whilst appealing. It should be only the WRAG or Support group component that is withheld during the appeal (and then paid as a lum sum of arrears if the appeal is won).

regards
Rainbowlight