ESA decision after benefit ceases.

Clients ESA last paid 4/1/13. Client found this out when benefit didn’t hit his bank account 17/1/13, he rang DWP and was told it was because his fit note had run out and DWP didn’t have a valid one. Client visited GP got new med 3, backdated as necessary and forwarded to DWP.

Client then contacted DWP 25/1/13 as benefit still not paid. Was informed that the decision to disallow claim due to 0 points at WCA 12/12/12 was made 23/1/13 and that claim was disallowed from 4/1/13.

We have submitted GL24 but they say case won’t be looked until at the earliest next Monday (4/2/13) and then has to go to a decision maker for a decision? By which time client has been without benefit for a month.

Firstly, what decision - GL24 plus valid fit note means assessment rate put back whilst we deal with appeal? Secondly, surely once the valid fit note was received benefit should be put back in place until the decision to disallow was made on 23/1/13.

Sorry its been a while since I’ve done benefits casework so a bit rusty but I don’t get what’s going on here.

Thanks

“Client then contacted DWP 25/1/13 as benefit still not paid. Was informed that the decision to disallow claim due to 0 points at WCA 12/12/12 was made 23/1/13 and that claim was disallowed from 4/1/13.”

This would not appear to be possible, because he discovered that his ESA stopped on 17/1/13, before the WCA decision of 23/1/13.

Maybe the claim initially stopped due to the fit note running out, and this was followed by the decision of 23/1/13 that he failed the WCA (was he ever sent this decision in writing?)

ESA assessment phase rate should be reinstated back to 4/1/13 up to 22/1/13, thanks to the new med 3 backdated certificate, and should be reinstated from 23/1/13 due to the appeal being lodged against WCA decision.

Thanks Domino - Client discovered ESA had stopped on 17/1/13 due to med 3 not being valid, he was then told on 25/1 that claim had ceased due to 0 points on 23/1 but you’ve answered what I thought to be correct that the new valid med 3 should put benefit back in payment until 22/1/13 as the decision to disallow the claim didn’t happen until 23/1/13.

Ringing DWP now - will finish my week off nicely!