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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Can you do permitted work whilst on appeal rate ESA?

SamW
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Lambeth Every Pound Counts

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Pretty much what it says on the tin. Client has been doing permitted work but has now failed the WCA. She is waiting for MRecon to be done.

Assuming the decision is not revised and she moves on to Appeal, will she be able to continue doing permitted work?

My thinking is yes - that she is treated as having LCW by virtue of her appeal. Just as she would have to whilst on the assessment rate (when you definitely can do PW) she has to provide medical certificates. But I just wanted to double check.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Yes, can do whilst waiting for appeal. I’m just dealing with one who did just that, I’m trying to get the MR period sorted now when she was on JSA, as deductions were made for her income that haven’t yet been repaid.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Billy, do keep us posted on that would you? I have a client in the same boat and I can see I am going to have a battle on my hands re the PW earnings during the period she received JSA.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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1964 - 23 January 2015 01:52 PM

Billy, do keep us posted on that would you? I have a client in the same boat and I can see I am going to have a battle on my hands re the PW earnings during the period she received JSA.

Will do but I wouldn’t hold your breath, it’s been dragging on interminably already

BC Welfare Rights
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This now sorted 1964, it was just a matter of finding someone in the DWP who could understand what I was asking for & why. Once that happened they paid without questioning.

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Thanks for the update Billy.

That’s encouraging to know…