ESA appeal and UC
Just wondering if someone could help me with this query please. Not sure whether I should have posted it here or in the UC forum.
I’m helping someone who is now claiming UC (full service area) having failed an ESA medical. ESA decision was in November 2017. I’m helping them appeal the ESA decision and we now have a date for the appeal. In the meantime they have been submitting sick notes to UC, however, UC medical failed and decision received in May. We are also in the process of appealing this decision which is at MR stage.
My query is what will happen to her UC claim if she wins the ESA appeal? Will this decision mean that her UC will increase and if so until when? Will it be until the date of the UC decision in May and will the UC decision stating that she does not have limited capability for work take precedence over the ESA decision? They will really struggle with having to go through two appeals so unsure how best to proceed.
Basically yes - successful ESA appeal would mean UC revised until date of UC WCA decision in May but would still need to get UC WCA decision overturned separately. However, if no change in condition and given that ESA and UC LCW descriptors basically the same, then might want to submit ESA appeal decision as evidence in UC appeal and invite DWP to revise their decision prior to hearing.
As a note on this, we’ve been made aware of a few cases where DWP have been willing to not do a new UC WCA pending an ESA appeal if asked - the UC system automatically sends out a UC50 after 28 days if sick notes are being submitted, but if explained that there is already an on going ESA LCW appeal they may say no need to complete UC WCA. However, if they don’t agree then nothing to stop them (no equivalent of reg 147A) and if they do try and get it in writing just so no future problems with failed to submit issues.
Although we have had the opposite experience where ESA decisions are revised on MR (yes it does happen!) before the date of the UC WCA but UC proceeded with the WCA despite being providing a copy of the ESA MR decision and quoting ADM M6192 guidance on their journal.
Needless to say clients ‘found fit’ and now have UC WCA appeals and UC have still failed to apply the WRAE to UC up to the date of the UC WCA ‘failure’ decision.
# it all makes work .....