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

ESA appeal and supersession

CHC
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Welfare rights team - St Mungo's Broadway

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Total Posts: 171

Joined: 22 June 2010

A client did not attend his ESA appeal beginning November 2011 as he was not aware of the hearing, his new address had not been forwarded to the Tribunal Service by the DWP. The appeal was unsuccessful however I wrote and requested that the decision be set aside and this was granted, we have a date for the new appeal. 

The client had signed on for JSA after the orginal appeal decision as it was less than 6 months since he was found not to have a limited capability for work (23rd June 2011) and he thought that this would be the quickest way of getting some income, however his health deteriorated and he reapplied for ESA in January 2012.

Normally if an appeal is successful the client is considered to have a limited capability for work and placed in the work related activity group or support group until the whole process including ESA50, medical etc starts again. However I am assuming that in this case if he is found to have a limited capability for work he will only be found to have a limited capability until the date that he signed on for JSA and that he will then remain on the assessment phrase for his new ESA claim until this is assessed under WCA?

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Total Posts: 427

Joined: 28 June 2010