ESA Tribunal

carlo

Hi  3 yrs ago I won my Appeal for ESA. I have now lost my ESA due to an Atos medical. I am appealing with the help of CAB. been through the MR with no change, and now received my letter from the Court. Cab advised me to claim Jobseekers during this time, which I am.  I have to look for work within my limitations. I have a work coach. who thinks I can do the work I did 8/9 yrs ago, which I can't. I live in fear of being sanctioned. I was told by CAB that I could take my letter to the job centre and ask for the reduced rate of ESA while awaiting my tribunal. My work coach, during an appointment mentioned that I had to remain on job seekers and because I had appealed before, I have to stay on job seekers. When asked cab again they said I could. Is there anyone that knows for sure, As last time I went the road of no money for 6 months till the appeal was heard. Advice much appreciated thank you, plus if I can go on reduced ESA when can I take my letter from the court into the job centre.

janice_in_wonderland

F

Pippa_Alumni

Hi @carlo, I've moved this post to Ask a Benefits Advisor where somebody should be able to advise you further on this: I really hope things start moving forwards for you soon.

BenefitsTrainingCo

Hi carlo - I really think you need to go back to CAB and ask them to write to the DWP on your behalf, backed up by the regulations which they think should apply in this case, and asking which regulations your work coach is relying on to give you the advice you have been given. The rules are complicated, so it's no wonder everyone gets confused. In my view, if you failed the work capability assessment before, then challenged that decision successfully at a tribunal and received ESA, then this time round you should be able to get the assessment phase ESA rate pending your current appeal, and not have to claim JSA. The reasoning I would use is that although you have failed the WCA for a second time, it is the first time you have done so since a previous decision (i.e. that of the tribunal) that you do have limited capability for work. In other words, I think you need the CAB to back you up in writing so that you don't have to keep going backwards and forwards, so please go back to them, asking them to check under Reg 30(1) and (3) and Reg 26 (1) and (3) of the ESA regulations 2013. You do need to ensure that your medical certificate is up to date and has been submitted. 
I hope this helps - please get back to us if you need further advice.

Kind regards,

Jayne