Can I appeal my ESA stopping? — Scope | Disability forum
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Can I appeal my ESA stopping?

System
System Posts: 703

Scope community team

This discussion was created from comments split from: ESA HC5 help.

Comments

  • SANDYTOP
    SANDYTOP Member Posts: 1 Listener
    Hi my ESA was stopped on 12 January after a medical. They have made me fit for work. I want to appeal because ive got a list of illnesses. My doctor practise refusing to help and wont give me a sick note i need to start my appeal. the one doc a locum said he couldnt back date a sick note. the other a new doctor at the practise refused to help saying she was new and didnt know me. I get PIP awarded by the tribunal. it is my only income now. My sdp and rent been stopped. Can i still have a appeal or do i need to claim universal credit now
  • Cher_Inactive
    Cher_Inactive Posts: 4,412

    Scope community team

    edited January 2021
    Hello @SANDYTOP and welcome to our online community.

    Just to let you know - I've split your first post into it's own thread so people can see your question and offer appropriate advice. 

    As this isn't my area of expertise, I'm not in a position to answer your question at the moment however I'll make sure to get you some answers if your post remains unanswered :)

    Best wishes :)
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  • calcotti
    calcotti Member Posts: 5,312 Disability Gamechanger
    edited January 2021
    1) Your Housing Benefit will have been suspended because your local authority has seen that your ESA has stopped so you have lost your automatic entitlement to HB. Contact your local authority and give they will probably want evidence of your finances so they can recalculate your entitlement. Do this ASAP to reduce the risk of the claim being closed.

    2) Your appeal rights should be set out in the decision letter you have received - what does it say? Normally you would need to ask for a Mandatory Reconsideration but for ESA I think you can appeal direct to HMCTS (the tribunal service) without an MR but you need to check the letter to see if it says this. Once the appeal is lodged you will be able to get your ESA reinstated at the assessment rate and this will be paid until the tribunal takes place. Be aware however that waiting times for tribunal hearings are very long.

    You will need Fit Notes and I think they need to cover the period from when your ESA stopped (or continue from your latest submitted Fit Note if that is later).

    If you have a health health condition limiting your ability to work GP must issue you a Fit Note. It is part of their contract.

    3) Alternatively you can claim UC but if you do so you will be off income based ESA and HB and will have lost any possibility of having SDP.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.

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