ESA appeal - what benefits can I claim while appealing? Would SDA cease while appealing?

knucklehead

Hi, I was looking for some advice on a possible upcoming ESA appeal procedure. I was awarded ESA finally just under 3 years ago for mental health problems. I was turned down originally and MR was also refused so had to appeal and that was declined also.  I then sought help from Welfare Rights and the lady i spoke to said I had a good case to appeal to the upper tier tribunal. On the morning of the UT tribunal I received a phone to say I didn’t need to come to the hearing they have decided in my favour.  All good. The whole process took around 3 months from first appeal to winning the second tribunal but for those 3 months I had to claim Jobseeker’s Allowance and go to the job centre and sign on and look for work I was never going to do and go on courses I didn’t need and being forced to sit in large groups of people and I suffer with body dismorphia depression anxiety borderline personality disorder.  I am due to be reassessed for ESA in a few weeks and know that I am probably going to have to go through the rigmarole all over again. My question is what benefit would I be able to claim while appealing ESA this time round as I have read there is only Universal Credit available and once you claim that for any reason there is no going back to ESA. I am also receiving SDA and PIP lower rate would the SDA also cease whilst appealing? 

Thank you 

calcotti

If you are refused ESA you no longer need to request an MR. You can immediately lodge an appeal to the tribunal service. As soon as you have done so and the appeal is recorded by HMCTS you inform ESA and the ESA will be put back into payment (at the assessment rate). However you must provide Fit Notes from the date the ESA stops until the appeal hearing.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/917378/m-19-20.pdf

The alternative is to claim UC but if you do this you cannot return to income based ESA and any HB and Tax Credits you receive will also stop.

knucklehead

Ah ok thank you that sounds a much less painless process than I imagined it to be.  Regarding my question about SDA, would that cease whilst in the appeal process or would it continue to be paid? 

Thanks 

calcotti

knucklehead said:...  Regarding my question about SDA, would that cease whilst in the appeal process or would it continue to be paid?  

I overlooked that part of your question. I can’t remember the answer and haven’t got the energy to investigate at the moment. Will post again if I find it later.

Please do take note of the requirement to provide Fit Notes.

knucklehead

Thank you you’ve been very helpful 

calcotti

I think that you would still be entitled to SDP and, if you get enhanced rate Daily Living PIP, the Enhanced Disability Premium too. This is based on not being able to find anything saying you can’t receive them 

However I can’t find anything to confirm this conclusion so not 100% certain.

knucklehead

Thank you I guess I’ll only find out for sure when the time comes.