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Top Incapacity related benefits topic #3792

Subject: "ESA while appealing WCA decision - Sick Lines?" First topic | Last topic
seand
                              

Welfare Rights Officer, Dunedin Canmore HA Edinburgh
Member since
19th May 2006

ESA while appealing WCA decision - Sick Lines?
Tue 24-Mar-09 09:37 AM

I saw a client on Friday who has already appealed the decision that she's not entitled to ESA. She's on the assessment phase rate and has to supply sick lines.

Can anyone confirm whether this is correct?

  

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Replies to this topic
RE: ESA while appealing WCA decision - Sick Lines?, Tony Bowman, 24th Mar 2009, #1
RE: ESA while appealing WCA decision - Sick Lines?, seand, 24th Mar 2009, #2
      RE: ESA while appealing WCA decision - Sick Lines?, iut044, 04th Apr 2009, #3
           RE: ESA while appealing WCA decision - Sick Lines?, ariadne2, 04th Apr 2009, #4
                RE: ESA while appealing WCA decision - Sick Lines?, wwr, 01st Jun 2009, #5

Tony Bowman
                              

Welfare Rights Advisor, Reading Community Welfare Rights Unit
Member since
25th Nov 2004

RE: ESA while appealing WCA decision - Sick Lines?
Tue 24-Mar-09 11:55 AM

This is correct. Reg 6 ESA regs provides for the continuation of the assessment phase for those who are appealing and reg 30(3) provides for those people to be treated as having LCW but only if they send in medical evidence (reg 30(2)(a)).

  

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seand
                              

Welfare Rights Officer, Dunedin Canmore HA Edinburgh
Member since
19th May 2006

RE: ESA while appealing WCA decision - Sick Lines?
Tue 24-Mar-09 01:35 PM

Thanks for confirming that - it's another change from IB/IS that I hadn't spotted...

  

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iut044
                              

Advisor, South West Lancashire Independent Community Advice
Member since
15th May 2007

RE: ESA while appealing WCA decision - Sick Lines?
Sat 04-Apr-09 02:11 PM

I was told this by a member of the Employment and Support Allowance department in Preston last week. It seems crazy, think about all this work for the GP's. Anyway rules are rules!

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: ESA while appealing WCA decision - Sick Lines?
Sat 04-Apr-09 05:33 PM

Not much of a change. In order to claim reduced IS while you are appealing you have to produce medical evidence under the "old" rules.

  

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wwr
                              

senior adviser, Wirral Welfare Rights Unit
Member since
07th Oct 2005

RE: ESA while appealing WCA decision - Sick Lines?
Mon 01-Jun-09 04:03 PM

Only if you failed the own occupation test did you need sick notes to continue claiming income support. Those who failed the PCA did not require any medical evidence whilst pursuing an appeal (paragraph 25 of Schedule 1B to the Income Support (General) Regulations

(Brian)

  

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Top Incapacity related benefits topic #3792First topic | Last topic