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How to challenge and keep ESA, when found ‘fit-for-work’, pending an appeal?

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How to challenge and keep ESA, when found ‘fit-for-work’, pending an appeal? Empty How to challenge and keep ESA, when found ‘fit-for-work’, pending an appeal?

Post by Welfare-Champion on Mon Jul 27, 2020 3:41 pm

https://mrfrankzola.wordpress.com/2020/07/27/keep-esa-pending-appeal/

For claimants on ESA, the judgment means that their ESA should not stop when a negative decision is made on grounds of capacity to work. As long as they quickly seek a mandatory reconsideration and continue to provide GP evidence of incapacity, benefit should continue pending review and any appeal.

But ESA is being phased out. New claimants can only seek universal credit, which has no rule requiring payment pending appeal in any cases, including incapacity cases.

Even so, the reasoning in Swift J's judgment can help shape other decisions on the rights of claimants. It recognises that going without means-tested benefits, just for a few days, is a problem for people who depend on those benefits. And it's welcome to see him pushing back against the mindset of officials that benefit claims are easy. As Mr Connor's case showed, benefit systems can be complicated, and even break down.

https://insights.doughtystreet.co.uk/post/102gc7p/unfit-for-work-fair-trial-rights-means-benefit-pending-review

For people I know this is great news and a huge relief.  ESA continues providing a swift mandatory reconsideration is submitted. Usually, the Tribunal papers are identical to the MR submission.

In the event of a late MR the claimant can still proceed to the Tribunal:

Late Mandatory Reconsideration Scheme ruled unlawful:
https://gcnchambers.co.uk/late-mandatory-reconsideration-scheme-ruled-unlawful/

https://www.gov.uk/administrative-appeals-tribunal-decisions/r-cj-and-sg-v-secretary-of-state-for-work-and-pensions-esa-2017-ukut-324-aac

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How to challenge and keep ESA, when found ‘fit-for-work’, pending an appeal? Empty Re: How to challenge and keep ESA, when found ‘fit-for-work’, pending an appeal?

Post by Welfare-Champion on Wed Jul 29, 2020 9:45 am

I agree with Simon Cox, the issues raised within this important case should also apply to other disability benefits, namely, PIP and DLA. Attendance Allowance recipients are very rarely re-assessed, but it may help them too.

PIP & ESA Claims update

PIP and ESA appeal success highest ever

The Tribunals Service statistics show that claimants are winning PIP and ESA appeals at the highest rate ever recorded.
Overall, an extraordinary 73% of social security appeals are successful, with the claimant getting a better award than they originally received from the DWP.

Success rates for individual benefits:

• Employment and Support Allowance (ESA) 77%
• Personal Independence Payment (PIP) 76%
• Disabled Living Allowance (DLA) 69%
• Universal Credit (UC) 61%

https://www.independentliving.co.uk/advice/pip-esa-claims/

In too many cases disability payments end after receipt of a health assessment report and a subsequent decision made by a DWP Decision Maker. The claimant then has to wait several months before they receive a fair hearing at a Social Security Tribunal, which frequently results in a positive outcome, sometimes a higher award.

Thousands of disabled people are losing essential support when they need it most. PIP/DLA/AA claimants have no access to hardship funds/other benefits while they wait for the outcome of their Mandatory Reconsideration/Appeal in the interim.

At least 69 suicides linked to DWP's handling of benefit claims
https://www.theguardian.com/society/2020/feb/07/dwp-benefit-related-suicide-numbers-not-true-figure-says-watchdog-nao

Sadly, many people don’t bother to appeal.


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