ESA stopped after assessment

Hi,

Your next step is the MR request and you have 28 days to request this. I'd advise sending in evidence to support your claim. Contact your local CAB who will help you with this.

Most MR decisions remain the same so you'll most likely have to take it to Tribunal.

You can't just re-apply for ESA unless either your condition has got extremely worse or your apply for a completely new condition. If you did just re-apply with the same condition your application will be refused and you won't be paid any money. You're much better off asking for the MR and then Tribunal, if needed.

If your area isn't a full Universal Credit area you can claim JSA while you're waiting for the MR decision. When you claim JSA you can have an extended 13 weeks with a fit/sick note. If you do this i'd advise handing in the fit note on your 2nd JSA appointment.

First you'll need to check if UC is in your area, if it is then it's this you need to claim and not JSA. If you claim UC then you won't be able to go back onto ESA.

Check your area here.

The CAB adviser is correct, but it's your choice whether you send more evidence at this stage.

If you claim JSA while you wait for the MR decision you would hand in a fit note and can do this for a maximum 13 weeks. See this link.

You asked how you're going to help your family, claiming JSA with a fit note is the only way you'll receive money while you wait. If the MR decision remains the same once the Tribunal accept your request and send you a reference number you can go back onto ESA, providing this is the first time you've been found fit for work.

You say your family is struggling to pay bills and rent. Maybe they should visit their local CAB for a benefits check to see what they could claim, if anything.

When the Tribunal accept your appeal and you go back onto assessment rate, you'll need fit/sick notes from your GP to be able to claim the ESA again. If you choose not claim JSA you can ask for your ESA to be back dated to when it stopped BUT you'll need those fit/sick notes to be from that date.

No you won't have to pay the money back if Tribunal find you fit for work.