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

challenge rights re ESa decision date

TJL
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Derby advice - Derby Homes

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Total Posts: 251

Joined: 17 June 2010

client notified of decision on 28/10/13 and advised ” no longer eligible from 25/10/13” (m/t)

Is it possible to submit appeal so ESA is   paid at assessment rate pending appeal - otherwise its JSA…

Thanks in advance

toby

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Has it got the Mandatory Recon notice with it?
If it has he’ll need to request recon and think about JSA while it’s ongoing, if not he can go straight to appeal

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Yes, that’s the issue not the date.  The regs came into force in April it’s just that the DWP delayed applying the MR until October.

benefitsadviser
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Sunderland West Advice Project

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Ive had 4 clients already who were given decision notices dated before the 28th, but told they couldnt appeal by Jobcentre Plus as they have to MR first. Clueless, just clueless….........

TJL
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Derby advice - Derby Homes

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Total Posts: 251

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Hes has had   no Notice   yet

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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If it were me I’d bang an appeal into JCP arguing no need for MR as he’s not received the prescribed notice.

Benefitsadviser; was that the “help"line or workers at the bdc?