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

appeal rate ESA

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Sunderland West Advice Project

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Total Posts: 946

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?

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Accountant, Haffner Hoff Ltd, Manchester

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Total Posts: 667

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.