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

ESA pending appeal

Adviser3
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Money support worker - Money Advice and Community Support Service, Brighton

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Joined: 6 June 2013

Hi I have a clt who failed a WCA in Feb they put in a MR and then late appeal in July but they got the dates mixed up on their medical certificates so although they have certificates from March-October ESA are refusing to pay anything as feb is not covered and the GP is refusing to supply a certificate. Any ideas?

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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I’m really never sure about the legality of the DWP’s approach on this but I have to confess that from a ‘coal-face’ perspective I’ve concentrated on trying to obtain certs to cover from the decision date as being the quickest route from A-B.

I’m sure you’ve already thought of this but I’ve found a carefully worded letter to client’s GP in these circs (explaining why a med cert is so urgently required and laying it on with a trowel a bit) usually does the trick.

Elliot Kent
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Shelter

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The legislation permits alternative evidence of incapacity for work if it would be unreasonable to insist on a full MED3. In these circumstances, the GP guidelines suggest that the GP can give informal written advice of their view (i.e. that whilst they didn’t see X at the time, he was too sick to work immediately before and immediately afterwards so it would be reasonable to assume).

I am wondering though if it wouldn’t just be simpler for everyone to instead begin a period of sickness for jobseekers or UC?

Tom H
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Newcastle Welfare Rights Service

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If the repeat claim rules apply then, provided the client has lodged an appeal against a “relevant decision”, it’s only necessary to have sick notes going back to the date of the failed WCA decision if you want to be paid arrears of ESA from that date.  The fact you’ve lodged and are pursuing an appeal against a relevant decision waives the need for a new ESA claim to be made for ESA pending appeal.  Whilst the DWP’s default position it seems is to award arrears of ESA pending appeal back to the date of the failed WCA, the law does not appear to prohibit such ESA starting later, eg from whatever date you can get a sick note from, here March 2016.

Adviser3
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Money support worker - Money Advice and Community Support Service, Brighton

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Thanks they have decided to allow payments from the beginning of February without a medical certificate covering that period as it was not reasonable to provide it.