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

CBESA and appeals

Janeyanne
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Sleaford and Disctrict Citizens Advice Bureau

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Total Posts: 2

Joined: 18 October 2010

Client claimed ESA 2009 and was found to have limited capability for work and was placed in the WRAG. Was re-assessed March 10 and scored 0 points. ESA withdrawn. Clients have initiated own appeal but benefit has not been re-instated pending the appeal. Client is not eligible to IRESA due to partner’s income. Is client eligible to assessment phase rate of CBESA whilst pending the appeal and if client loses the appeal would this constitute and overpayment.? Thanks

Scott
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Welfare benefits advisor - Leeds City Council

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Total Posts: 16

Joined: 16 June 2010

If it has not been paid automatically it may be worth checking whether they have sent a sick note to DWP as it will only be paid pending the appeal if coverered by a med cert.