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Thread: ESA reassessment appeal help?

  1. #1

    ESA reassessment appeal help?

    I just wanted some advice as confused about what happens when you have to appeal a second time around for an esa decision? Are you still able to get paid after previously winning against a wrongful limited capability to work decision or are you left with nothing as it is classed as a second appeal.

  2. #2
    Senior Member nukecad's Avatar
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    Have you been found Fit for work again?

    Not nice to happen again, but at least you've been through one appeal so know what happens there.

    Legally as you won at tribunal last time then the previous FFW decision was revised, and so it never existed.
    In which case this is not a second FFW and they should pay ESA during appeal. (Although you may have to argue with them about that).

    As you already know if found FFW then you can't claim ESA during the MR period, only once you appeal and that appeal is accepted.

    However:
    If you were only claiming ESA (with no premiums), and maybe HB, then getting an ESA FFW decision is a case where I would now RECOMMEND that you make a claim for Universal Credit.

    For the following reasons:

    The law has changed since your last appeal, UC has been fully rolled out, and so:
    If you want to claim benefit during an MR you have to claim Universal Credit (unless you have SDP,) and once UC is claimed you stay on it regardless of any MR or appeal decision.
    If you win at MR or Appeal than the LCW or LCWRA element is added to your UC.

    You could not claim anything during the MR (I think you did not claim JSA last time?) and that would let you go back on ESA once any appeal is accepted.
    Again you'd have to push for ESA to be reinstated during appeal and they'll try to steer you onto UC instead.

    I recommend that you claim UC now, for the following reasons-
    • Everybody with IR ESA will be migrated to UC in the coming years anyway, so why not get it over with?
    • If you tell them when claiming UC that you are waiting for an ESA MR/appeal then they won't make you do any jobsearching. (I believe there is now a question where they ask that on the application).
    • You will initially get the same money as you would with JSA and ESA assessment rate during the appeal.
    • If you win at MR or appeal than that decision will automatically get added to the UC as an LCW element and your money reinstated as it would have been with ESA. It would also be backpaid.
    • The amount you would get paid with UC and an LCW element is the same as ESA WRAG, within a penny.
    • If you should lose at appeal then you are already on UC and it would just continue to be paid, as a jobseeker. No need to make a new claim.

    In your particular case it also makes the question of the previous FFW irrelevant, UC would be paid anyway.

    Note that any other Income Related benefit you have (HB) will be migrated to UC if/when you claim it. (Again this will happen anyway in a couple of years).

    The big difference will be that you get paid monthly instead of fortnightly, and that all your IR claims are in one place so you don't need to deal with different departments, and any future changes are much easier.
    (DWP for ESA, Council for HB, etc. - it all becomes one).
    Last edited by nukecad; 03-16-2019 at 03:08 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  3. #3
    OK thanks a lot for the indepth answer!

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