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Esa assessment

valleyboyvalleyboy Member Posts: 55 Connected
Can anyone advise,is assessment rate paid on a mandatory reconsider for esa or is it just paid when a request is made to the upper tribunal?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    No, it's not paid while waiting for the MR. Upper Tribunal? The next stage after the MR is first tier Tribunal and not upper Tribunal.

    If the MR decision remains the same, once the Tribunal accept your appeal and you have your reference number then you can go back onto assessment rate (providing you weren't found fit for work for failing to attend the assessment)  but you'll need fit/sick notes from your GP to claim this.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • valleyboyvalleyboy Member Posts: 55 Connected
    Hi and thanks for your reply,So no assessment rate during the MR progress only when you take it to a tribunal if the MR remains the same?
    Also I don't mean being found fit for work for failing to attend a assessment I meant being found fit for work AFTER attending a WCA
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No, you won't be paid assessment rate while waiting for the MR, only after the Tribunal have accepted an appeal.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • valleyboyvalleyboy Member Posts: 55 Connected
    What's the rough waiting time for a tribunal to load your appeal on their system?

    Meanwhile I know some claim jsa while waiting the outcome but I won't be doing that as firstly you making yourself available for work and secondly I'm in receipt of the enhanced rate daily living pip..
  • YadnadYadnad Posts: 2,856 Member
    valleyboy said:
    What's the rough waiting time for a tribunal to load your appeal on their system?

    Meanwhile I know some claim jsa while waiting the outcome but I won't be doing that as firstly you making yourself available for work and secondly I'm in receipt of the enhanced rate daily living pip..
    For a start you can and many people do actually work and claim PIP.
    Is it not possible that you could do some type of work?
  • mikehughescqmikehughescq Member Posts: 5,995 Disability Gamechanger
    valleyboy said:
    What's the rough waiting time for a tribunal to load your appeal on their system?

    Meanwhile I know some claim jsa while waiting the outcome but I won't be doing that as firstly you making yourself available for work and secondly I'm in receipt of the enhanced rate daily living pip..
    Claiming JSA will not impact your ESA challenge and nor will being in receipt of PIP. Perfectly possible to claim JSA and then put in a fit note for an extended period of sickness. That would severely reduce the pressure to do anything work-related whilst on JSA and get you money through the MR period.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You do need to check that your area isn't a full universal credit area though. If it is then you won't be able to claim JSA and if you claim UC then you won't be able to go back onto ESA.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    You do need to check that your area isn't a full universal credit area though. If it is then you won't be able to claim JSA and if you claim UC then you won't be able to go back onto ESA.
    That's interesting to know. So they have stopped the roundabout of off ESA onto JSA the back on ESA. From what I remember of that system it was used so as to give the claimant an easier life whilst waiting for the ESA appeal hearing.
  • valleyboyvalleyboy Member Posts: 55 Connected
    Thanks for the advice but I'll manage on just my pip that's providing if I do fail the WCA,Its roughly only 6weeks waiting time from asking for a MR then the requesting a tribunal to get the assessment rate..
    **** jsa as I've no Intention of applying for that as it's pointless while awaiting a MR decision which takes only about 2weeks..
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