ESA50 (No. 2)

WeDesign wrote: Hi,

Update ... 16 weeks tomorrow (27th March 2014) my ESA50 was received by ATOS, I have still not heard anything.

One question ... If I was found fit for work for example 2nd April ... would it be 6 months from that date that I could re apply for ESA?

Naturally I would appeal if I was found fit for work

It the date of the Decision letter but you can actually you can make a new claim the next day, but...

You will not be paid for the new claim unless or until;

- you can show you have a new or deteriorated condition
- a Decision is made on your new claim
- six months have elapsed since the FfW Decision

Whichever is the sooner

You also need to be aware that any Decision on the new claim will likely limit the result of any appeal, so if you are placed in the SG by the appeal, but found FfW on the new claim, it is the FfW which will be carried forward from the date it was made.

Gordon

WeDesign wrote: Thanks for the reply Gordon,

Just to clarify, if I appealed a Mandatory Consideration would take place initially, failing a positive outcome of that if would then go to appeal.

At the appeal stage is this where assessment rates are paid from?


WD

Yes and no

It is now the responsibility of the claimant to lodge an appeal with the Tribunal Service once the MR has completed and they have received notice of the result.

Once the appeal has been lodged then the Assessment rate is payable, providing that the claimant has provided Fit Notes covering them from the day after the FfW Decision was made.

The DWP are claiming that it will take four weeks for payments to be enabled once they have been told by the TS that the appeal has been accepted.

Gordon