Hi Client failed medical and his ESA was stopped but he does have a ick not rom his GP and this was send to DWP. I was told that this sick note will not be taken into account as he failed the medical on the 25.01 and his sick note is from 11.01.
Is that true???
Also if we appeal are his payments going to start and run until desicion reached?

Thank you all

It is typically wrong.

As long as the sick note covers all the days there should not be any problem. I often advise client's to ask for a sicknote that overlaps a previous one just to make sure there are no gaps.

The claimant is treated as having LCW until the appeal is decided and benefit is paid at assessment phase rate. There is no requirement for a new claim, although they do sometimes require a prompt to restart payments.

Thank you we have appealed well I senf a fax stating that we are appeling but full supported letter will be send to them as soon as we receive the Medical assessment.
I am a bit worried as I have not done any appeals yet, not sure how to word it as client does take drugs etc.

Will post for some help s do not want to make mistakes with this one.

Thanks