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ESA, missed medical and then found fit. SDP
just back from a break so not up to speed.
client failed to attend medical in April and claimed ESA again, ESA50 completed.
Advised that he wouldn’t be paid till he attended medical.
attended medical and failed(no suprise ther) appealed decision so ESA paid pending appeal.
No ESA paid for period April to July..
SDP not paid on reduced rate either..
Help…. o((
I think it’s correct that your client shouldn’t be paid until after the medical, but I’m not totally sure.
However, assuming they meet the conditions for a SDP, that should definitely be paid
I agree about the waiting time Sean but not sure if they are going to pay as he failed the medical, I am waiting on them calling back..
ESA is paid at the assessment phase rate pending the appeal against the decision that he does not have LCW. As you know ESA components (WRAC or SG) are not paid at the assessment phase rate. However, the assessment rate will include any premiums the client is entitled to. So if he still meets the conditions for SDP he should still receive this in his ESA pending appeal.
Re no ESA from April to July: Did client appeal the decision that failed to attend medical without good cause? If client did appeal this decision and wins (i.e. client did have good cause), then ESA should be paid for this period: or at least that’s my understanding.
ring back advising that they will not pay benefit for period April to July as failed medical.
ring back advising that they will not pay benefit for period April to July as failed medical.
Did client fail to attend the medical as per your original post? or did client fail medical (i.e. found fit for work by DWP decision maker, after having attended the medical). If the latter, client could have received ESA at assessment phase rate if he appealed.
If the former, (i.e. client failed to attend medical and DWP deem he did not have good cause for not attending), then ESA cannot be paid, until attends medical. If client appeals the April decision on basis that failed to attend but with good cause, ESA assessment phase is not paid pending appeal. However if subsequently wins appeal as it is accepted on appeal that he did have good cause, then my understanding is that arrears of ESA can be paid (after the appeal has been heard) for the relevant period (from April to July).. Any other thoughts on this?
Domino
He failed to attend medical and we appealed the decision.. this appeal seems to have gone missing.
I have now sent a letter to BDC requesting claifiication.
I understand no payment until medical attemded.
We have now appealed the decision that he failed medical and are awaiting an appeal for the good cause for the original nil award for not attending his first medical.. if that makes sense…
..Plus he should be receiving SDP currently (appropriate premiums are paid in addition to basic assessment phase rate whilst appeal is ongoing).