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Benifit
My esa was stopped after 52 weeks. For the last 16 months I have been in dialogue with the dwp. I'm no awaiting date for independent court tribunal. I have medical evidence from mri scans and letters from hospitals and gp stating my medical evidence for me not being able to work but dwp say I'm fit for work. Surely during this period I should have recived some benifit while awaiting court date. Would have thought that they should pay me job seekers if they state I'm fit to work untill the case is resolved. I can not apply for it as I'm the one who disagrees with there fit for work assessment. Any advice.
Replies
i would contact the Law centre or CAB as I’d have thought you’d be entitled to something.
i maybe wrong but I’m sure I read on this site that esa has a tribunal rate.
im not 100% sure but check DWP online it may help or call DWP
there are a couple of exceptions
Were if you have failed a WCA and a tribunal hearing related to it, then claimed again for significant worsening or a new condition , and then again failed at WCA , this would mean that after MR you would not be entitled to ESA at the ASSESSMENT rate until tribunal hearing , due to the changes brought in a couple years back ( for persecution purposes IMO)
bless to work.
Good luck with your appeal. Have you clearly stated in your appeal paperwork, preferably in the appeal, why you believe that you satisfy either one of the descriptors for being in the support group, or the alternative conditions (Regulation 35, for example, there's a substantial risk to your health if you undertake any work-related activity)?
In case you haven't seen these already, do have a look at the information in the leaflet published by the Law for Life on www.advicenow.org.uk - How to Win a PIP Appeal, and also the definitions of terms in www.pipinfo.net.
Best wishes
Gill_Scope