Effect on ESA of mandatory consideration of revision before appeal

As referred to in the news story on 10th February, the DWP is now holding a consultation on mandatory consideration of revision before appeal.

At present, subject to continuing to submit ‘fit’ notes, most claimants continue to receive ESA at the assessment rate pending the outcome of their appeal.  The new proposal removes the right of an appeal until there has been a formal reconsideration / review by a Decision Maker, so, unless the proposed legislation and / or the ESA legislation is amended, claimants could be left weeks or months without any income for failing their WCA even if they immediately ask for the matter to be looked at again as there is no ‘appeal’ as such.

I have not seen any specific reference to ESA continuing to be paid pending a dispute in the proposals so I think that this is definitely something that should be addressed in any replies to the consultation.  The closing date is 4th May 2012.

There should be no need for any backdoor acknowledgement that DMs get it wrong : The fact that 40% of ESA appeals are allowed proves this anyway. I also have a problem with a DM deciding the merit of an appeal, as surely thats the job of the tribunal. This could be the start of a very slippery slope.

I agree. It simply adds a further bureaucratic hurdle for the client to jump through. I think it’s a cynical exercise, the whole point of which is to lessen the number of appeals passed to TS.