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

ESA Pending an Appeal

Neil
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Debt & Benefits, Aster Communities

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Total Posts: 96

Joined: 7 November 2013

I have a customer failed his WCA and claimed JSA pending MR request, MR refused and at this point I became involved and helped him lodge an appeal. So looking at transferring back to ESA pending appeal outcome. We received the confirmation that Appeal lodged with HMC&TS; Appeal Centre. But on trying to transfer back to ESA, we were told until the appeal is logged in JC+ system he cannot switch. Not happy with this interpretation.

But interestingly a long time since I have actually had to do a ESA appeal other than a dispute of support group or WRG, so the question is does anyone actually know the real time this process takes, in other words how long does it take for the HMC&TS; too notify the JC+ that the appeal process has engaged ? So we can then switch back to ESA.

C Browne
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Macmillan Cancer Support

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Joined: 16 July 2014

Hi Neil,

A problem that my clients have experienced is that HMC&TS; notify the Dispute Resolution Team who issued the MR Notice and not the Benefit Delivery Centre, who manage the ESA claim. I usually recommend to my clients that they send a copy of their appeal acknowledgement letter from HMC&TS; with a cover letter stating that they want to go back on ESA pending the resolution of their appeal. Not sure if it is the same in your client’s area, but it is something to think about.

Cheers

Chris

Sally63
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Generalist Adviser, Southwark Citizens Advice Bureau

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Joined: 21 January 2016

client needs to make specific request for ESA pending appeal and provide a sick note. Paid at assessment rate but backdated to decision date. No financial advantage over JSA. No problems with HB?

Neil
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Debt & Benefits, Aster Communities

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Total Posts: 96

Joined: 7 November 2013

Thanks for the responses, ironically the customers is financially better off on JSA due to Dis Prem from their PIP.