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

Urgent help needed claimant refused ESA appeal rate

MedwayWelfareReform
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Welfare Reform HRA Medway Council

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Hi all

We need some urgent help.  We have been supporting a claimant who failed WCA and was advised by DWP to claim UC.  We advised claimant to terminate UC claim and appeal WCA for ESA.  We applied to tribunal service and are awaiting hearing date as appeal allowed. The UC claim was terminated and once appeal accepted we requested ESA appeal rate whilst awaiting outcome of tribunal.  however after a couple of weeks of chasing and being told will be paid soon etc they have now stated that as claimant failed WCA also in November 2015 for the same conditions they will not pay ESA appeal rate.

Our claimant has been of nil income since beginning of sept this year. Advice would be greatly appreciated,

davidsmithp1000
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Brighton Unemployed Centre Families Project

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hi, this might be stating the obvious, but if client failed WCA in November ‘15 - how is it that it has been in payment since then? - that being if details on this decision can be found, it surely shows the decision maker had their decision overturned, the client did not in fact fail a WCA?

ib
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Supervisor/caseworker - Malvern Hills District CAB

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CPAG page 1017 says ‘you cannot get ESA pending an appeal if the decision that you do not have LCW is the second, or a subsequent, such decision you have had in a row, unless your condition has significantly worsened or you have a new condition’.  It looks as though your client will have to claim JSA/UC in that case.

MedwayWelfareReform
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Welfare Reform HRA Medway Council

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Claimant failed WCA in November 2015 went on to JSA but as unfit to find work was advised by JCP to apply for ESA in May 2017 and then failed WCA again in August this year.  Medical conditions have always been epilepsy which is poorly managed.  We were advised by DWP to terminate UC claim in Oct 17 before payment made and appeal ESA and would get ESA appeal rate whilst appealing.  However several weeks of chasing the appeal rate payment via phone they have now stated not entitled due to failing WCA twice between Nov 2015 to date.

So believe only option is to reclaim ESA under stress and anxiety due to the stress caused by all this confusion and no funds since end of august/beginning of Sept.  Unless anyone has better advice?

Paul_Treloar_AgeUK
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Information and advice resources - Age UK

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Your client seems to have fallen foul of these changes ESA and abolition of the ‘six month rule’

So you will need to show this has happened in order for the ESA claim to be reinstated pending appeal ESA and ‘significant worsening’

Or get medical evidence regarding the new conditions e.g. stress/anxiety.

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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MedwayWelfareReform - 16 November 2017 02:52 PM

Claimant failed WCA in November 2015 went on to JSA but as unfit to find work was advised by JCP to apply for ESA in May 2017 and then failed WCA again in August this year.  Medical conditions have always been epilepsy which is poorly managed.  We were advised by DWP to terminate UC claim in Oct 17 before payment made and appeal ESA and would get ESA appeal rate whilst appealing.  However several weeks of chasing the appeal rate payment via phone they have now stated not entitled due to failing WCA twice between Nov 2015 to date.

So believe only option is to reclaim ESA under stress and anxiety due to the stress caused by all this confusion and no funds since end of august/beginning of Sept.  Unless anyone has better advice?

It’s not necessarily a better option than ESA with a new condition, but UC/JSA shouldn’t be ruled out just because the jobcentre say he is unfit. The ESA decision-maker takes precedence on that question. If the client can agree some sort of claimant commitment which takes account of his health limitations then he might claim UC or JSA instead.

The client might want to complain about misadvice leading to financial loss - though I’m a bit unclear from your posts who actually gave the advice to withdraw UC and try ESA pending appeal.