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

Getting better pending ESA appeal

Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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Total Posts: 342

Joined: 29 June 2010

For some strange reason I’ve not had this before and I can’t seem to find a definitive answer anywhere.

Clt submits ESA appeal (aiming for WRAG) and has continued to send med certs to JCP. However, during the waiting period for the appeal, both he and his GP agree that he is now better, so med certs stop. Am I right in thinking that if he is awarded the WRAG component it will run from week 13 to the date the med certs ceased?

benefitsadviser
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Sunderland West Advice Project

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Joined: 22 June 2010

Without sick notes he will not be entitled to ESA whilst appealing. If he is better then he will have to claim JSA instead of ESA.
If he wins his appeal then he will get his WRAG component paid from week 13 to when he closes ESA claim and makes his claim for Jobseekers Allowance.
If he is still aiming for WRAG and wishes to continue to claim ESA then Medical certificates are mandatory i’m afraid.

Stevegale
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Torbay Disability Information Service, Torbay NHS Care Trust

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Total Posts: 342

Joined: 29 June 2010

That’s what I thought, thanks very much!