I`ve been reading a few forum posts on other websites where people on ESA have lost their ESA awards after a `fit for work` decision and wanted to re-claim the ESA assessment rate after they had lodged an appeal with the Tribunal service. This is normal protocol usually unless the person decides to claim JSA and wait things out until they have their appeal hearing.


But.....this is where I`ve been finding conflicting evidence. It is stated that - "If this is your FIRST time being found fit for work after an ESA assessment, you can claim the assessment rate of ESA once you have lodged an appeal"....

So what if someone has had two or more fit for work decisions? Are they then able to re-claim this assessment rate or is their only option to claim JSA or Universal Credit after a fit for work decision while a pending appeal is ongoing? I need to know the answer to this as it will affect me if I`m found fit for work after another assessment, so want to find out if I CAN claim this assessment rate should I have to go to an appeal again (as I did last time) or have no choice but to claim UC. Which I won`t be doing until any appeal outcome is known because doing so would mean if my ESA was maintained after appeal, I would be on UC and not the legacy ESA benefit as we know it. Which also means losing the £29 top up that current ESA people receive. This is not paid under UC.

Hi Comply,

not too sure if any of this is of help to you: community.scope.org.uk/discussion/32335/getting-esa-while-waiting-for-appeal-hearing

www.rightsnet.org.uk/forums/viewthread/10734/#49589

If not an FOI will get a correct answer, well as near to correct as we could expect

jobber.

Thanks for this jobber. A quote from the replies:



I see here they say if you have had less than TWO fit for work decisions? I`ve had two fit for work decisions since claiming ESA from Income Support previous to ESA being introduced and if this is correct, it means if I get a THIRD fit for work decision (which is likely but don`t know until it happens) I will have to stay in limbo and live off savings until any appeal is heard. Only then will I know if my ESA will continue and be backdated, or I have no choice but to claim Universal Credit and have to wait another five weeks for any payment to kick in. So all in all, I could be up to four - five months without an income if I can`t revert to the ESA assessment rate upon submitting an appeal. Wonder if Spanner can help with this?


Only DWP will know the answer to this unless there is something already documented in Parliament regulations stating when this change was implemented? My head gets so scrambled though looking through all the sites trying to find the answer. If it`s out there though, surely we will find it. But I`m guessing any change would have been don within the last two years? Stating that ESA claimants who are found fit for work after assessment cannot now claim the assessment rate if they have had more than one fit for work decision.

Updated to report this courtesy of Benefits & Work website:
www.benefitsandwork.co.uk/news/3760-dwp-deliberately-inflicting-hardship-on-esa-appeals-claimants

What this relates to is the way DWP are sending letters to GP`s to tell them NOT to supply further `fit notes` to patients who THEY have deemed, fit for work, UNLESS they plan to appeal the decision. However, some GP`s will flatly refuse to do so even if we tell them we plan to appeal. This is very worrying and something everyone claiming ESA should be taking up with their GP`s before they have an ESA assessment to clarify their position.

I always appeal decisions that go against me and had to reply on fit notes the last time I was found fit for work pending appeal. There is also a way to stop DWP contacting your GP after an ESA assessment outcome but you need to tick the box on the ESA50 assessment form when you fill it in that you do not consent to your GP being told the result of any ESA assessment. See the link below for more on this:
dpac.uk.net/2018/04/you-can-prevent-the-dwp-interfering-in-the-patient-doctors-relationship/