ESA PAYMENTS WHILST ON TRIBUNAL RECONSIDERATION

Hello cakey3747

Firstly the below information is based on the case that an appeal has been lodged to a Tribunal.  If this is not the case and you have lodged a Mandatory Reconsideration it maybe that you have to claim JSA or Universal Credit.

ESA can be refused if a decision is made that you do not have 'limited capability for work'.   That is ESA have decided that you can work following a medical assessment.

ESA can also be refused if a person fails to attend a medical assessment or fails to return an ESA50 form to the DWP. 

If ESA was refused as a person did not attend a medical or did not return a form then ESA cannot be paid pending a decision by a tribunal on your appeal. 

If ESA was refused because you challenged the decision that you do not have 'limited capability for work', then ESA may be paid pending a tribunal decision on your appeal. However, this only applies if this is the first time that a decision has been made  that you do not have limited capability for work.  As such, if you have had a previous decision to refuse ESA on this basis and you did not successfully challenge this decision then ESA will not be paid. 

In short if this is the first time that ESA has stopped as you have been found capable of work then ESA should generally be paid whilst you are waiting for a tribunal to make a decision on your appeal. 

If the above applies to you, then you must send a Fit Note to ESA and ask that they re-instate benefit. 

I hope the above helps

Maria

Hello tomm

The rules about reclaiming ESA when waiting for an appeal are tremendously complicated.  You are right that if your condition has got worse you can reclaim ESA.

I hope your MR is successful.

Maria