× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

appeal rate ESA

benefitsadviser
forum member

Sunderland West Advice Project

Send message

Total Posts: 1003

Joined: 22 June 2010

i have a client who is appealing an ESA decision made 6 months ago
He was in receipt of appeal rate ESA however he tried his hand at working over 16 hours so they naturally closed his claim
His appeal hasnt been listed yet, and he thinks he made a mistake in trying to work and is struggling
If he quits work will he be able to go back onto appeal rate of esa?

Charles
forum member

Accountant, Haffner Hoff Ltd, Manchester

Send message

Total Posts: 1411

Joined: 27 February 2019

I believe he can.

There is a similar example in the guidance, where entitlement ended due to the claimant going to prison, but then is released before the appeal is heard. See ADM U7081 and DMG 42830.