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esa pending appeal where claimant only has a med certificate for part of the claim
wondering if anyone has had this (or similar) before.
claimant was on esa and placed in wrag on their second assessment having initially been placed in the support group. they have a third medical and are found fit to work.
decision is challenged and appeal ultimately fails (sor request made for potential challenge).
pending appeal, however, the claimant was never paid ESA. i advised them of how to do this and they submitted medical certificates, but no payments ever arrived and they never chased it up when reminded to do so.
ive since had contact as they have chased it up post appeal and been advised that they cant get paid belatedly as the appeal decision has been made.
1. is this right? it appears to me to be nonsense but ive been wrong once before
I have a second question but the plot thickens slightly. they have put in lines for the majority of the time from the failure to the appeal but there is a missing period the gp wont issue lines for. the missing period is from the date of the decision under appeal for 3 months following it. it makes no sense to me why the gp wont issue one but we are where we are. i know other evidence can be accepted but if we cant get any…can the missing period stop them paying pending appeal at all?
the regs just seem to say it can be paid pending appeal with a med cert and i cant see anything else covering such a scenario.
I don’t know about the first point, but about the second, they should still be able to get ESA from the date they submit evidence. See paragraph 42825 here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794983/dmgch42.pdf#page=98
I don’t know about the first point, but about the second, they should still be able to get ESA from the date they submit evidence. See paragraph 42825 here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/794983/dmgch42.pdf#page=98
excellent. thats saved me a significant amount of time to find that. much appreciated.