- Posts: 2076
little bit of advise needed please
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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Absolutely, this was the advice given by Steve earlier in the thread.
I was thinking that as the poster has received no ESA, perhaps they could claim a means-tested benefit which are outside my area of expertise.
Kind regards.
Jim
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- Crazydiamond
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- Posts: 2022
Hi CD,
Absolutely, this was the advice given by Steve earlier in the thread.
I was thinking that as the poster has received no ESA, perhaps they could claim a means-tested benefit which are outside my area of expertise.
Kind regards.
Jim
Hi Jim,
The normal practice is for ESA to continue at the assessment rate, and this should have been reinstated as soon as the appeal was received.
Some DWP offices were quoted as saying that if an appeal was lodged against the adverse ESA decision, the appellant had to specifically state that they wished to be paid at the assessment rate. This has now deemed to be incorrect.
No other means tested benefit could be claimed other than possibly income-based JSA, which would not be appropriate as there is a clear dispute about fitness for work. Income Support is not payable when a claimant/appellant has claimed ESA. The appellant in this case is perfectly entitled to claim assessment rate ESA, and would be advised to claim all the arrears of the allowance.
Regards,
CD
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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- Posts: 2076
Many thanks for the clarification. Again my knowledge of ESA leaves a lot to be desired. I don't seem to be able to absorb and retain new knowledge these days.
I think my MS is affecting my memory recall, plus not far off 70 now.
Kind regards
Jim
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- cdcdi1911
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- Posts: 2522
Do you still need your GP's support to claim ESA at the assessment rate while awaiting the outcome of an appeal (for medical certificates)?
Regards
Derek
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- Crazydiamond
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- Posts: 2022
Hi Crazydiamond
Do you still need your GP's support to claim ESA at the assessment rate while awaiting the outcome of an appeal (for medical certificates)?
Regards
Derek
Yes, you need to submit medical certificates from a GP during the appeal process, in order to continue to claim ESA at the assessment rate.
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- lollyred1
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