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sick notes, continuous period

 

davidsmithp1000
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Brighton Unemployed Centre Families Project

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Hi all.

I have a fairly straight forward question;

during ESA assessment phase if sick notes stop being handed in, payments stop, but if sick notes are then handed in again - with a break of a couple of months, can ESA go back into payment? - that is do sick notes need to be continuous for the entire period for payments to resume?

Was told this morning, they need to be continuous for the entire period, before ESA at assessment rate, will go back into payment.

Thanks.

     
Dan Manville
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Mental health, Wolverhampton CC Welfare Rights

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davidsmithp1000 - 05 September 2017 01:43 PM

Hi all.

I have a fairly straight forward question;

during ESA assessment phase if sick notes stop being handed in, payments stop, but if sick notes are then handed in again - with a break of a couple of months, can ESA go back into payment? - that is do sick notes need to be continuous for the entire period for payments to resume?

Was told this morning, they need to be continuous for the entire period, before ESA at assessment rate, will go back into payment.

Thanks.

It’s an adminstrative thing; Computer says “no” unless the med 3s are continual. If you yell and shout they might make the claim clerical and pay it with a gap but they’re reluctant to do it.

     
unhindered by talent
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Welfare Rights Team, Aberdeenshire Council

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So if they refuse to pay it with a gap, would you have to make a rapid reclaim (if in time to do so) as the first period of incapacity would effectively have ended?

      [ Edited: 12 Mar 2018 at 04:11 pm by unhindered by talent ]
Dan Manville
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Mental health, Wolverhampton CC Welfare Rights

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Unless there’s a decision superseding the previous decision that a person is to be treated as having limited capability for work the claim remains open; yes, it’s open for a decision maker to make that supersession on receipt of the new evidence but in practice they don’t in my experience.

My biggest arrears payment ever was a claim that had sat for about 3 years with no med certs; a Tribunal eventually found that the DM should have accepted the evidence I provided in lieu of the med 3s when I picked it up about 18 months afer the last med cert was provided.

If an individual indicated they wish to be assessed despite not providing certification then the period of LCW remains open but not payable and is determined at the WCA.