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No appeal after 6 months -make a new claim? (ESA)
- Rayland7
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6 years 10 months ago #190477 by Rayland7
No appeal after 6 months -make a new claim? (ESA) was created by Rayland7
Hi,
I failed my assessment for ESA 6 months ago, so I claimed JSA and wrote asking for the mandatory reassessment required before getting an appeal - I heard nothing and never got to appeal but now that 6 months have passed I could make a new claim.
With the time that's past I assume I couldn't get the appeal now anyway, and the worry is that if I did and lost I wouldn't be able make a claim for ESA for yet another 6 months, would this be the case?
I didn't manage this very well I know, I was too anxious to phone them and couldn't find the address I'd written to, but between hospital and job center appointments I'm just happy to have got by for the past months and am thinking forget about it and
make a new claim.. would there any problems with doing that do you think?
grateful for your advice, thank you
I failed my assessment for ESA 6 months ago, so I claimed JSA and wrote asking for the mandatory reassessment required before getting an appeal - I heard nothing and never got to appeal but now that 6 months have passed I could make a new claim.
With the time that's past I assume I couldn't get the appeal now anyway, and the worry is that if I did and lost I wouldn't be able make a claim for ESA for yet another 6 months, would this be the case?
I didn't manage this very well I know, I was too anxious to phone them and couldn't find the address I'd written to, but between hospital and job center appointments I'm just happy to have got by for the past months and am thinking forget about it and
make a new claim.. would there any problems with doing that do you think?
grateful for your advice, thank you
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- Gordon
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6 years 10 months ago #190519 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No appeal after 6 months -make a new claim? (ESA)
Rayland
Unless you can show that your original conditions have deteriorated or you have a new condition reasonably likely to result in an ESA award, then any new claim that you make will be rejected by the DWP.
You are not too late to sort out an appeal, if you requested an MR and have not received a Decision on it then you should chase the DWP office that dealt with your claim for an up date.
Gordon
Unless you can show that your original conditions have deteriorated or you have a new condition reasonably likely to result in an ESA award, then any new claim that you make will be rejected by the DWP.
You are not too late to sort out an appeal, if you requested an MR and have not received a Decision on it then you should chase the DWP office that dealt with your claim for an up date.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Rayland7
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6 years 10 months ago #190561 by Rayland7
Oh, so I can't make another claim unless worse, even after 6 months? I've been thinking at least I could make another claim, so it's definitely only option is to chase up the reconsideration then?
Thanks for help.
Replied by Rayland7 on topic No appeal after 6 months -make a new claim? (ESA)
Gordon wrote: Rayland
Unless you can show that your original conditions have deteriorated or you have a new condition reasonably likely to result in an ESA award, then any new claim that you make will be rejected by the DWP.
Gordon
Oh, so I can't make another claim unless worse, even after 6 months? I've been thinking at least I could make another claim, so it's definitely only option is to chase up the reconsideration then?
Thanks for help.
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- Rayland7
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6 years 10 months ago #190563 by Rayland7
Oh, so I can't make a new claim even after 6 months have passed (unless worse),
I'll have to chase up the reassessment then?
If I were to end my claim for JSA could I still pursue the reassessment?
thank you
Replied by Rayland7 on topic No appeal after 6 months -make a new claim? (ESA)
Gordon wrote: Rayland
Unless you can show that your original conditions have deteriorated or you have a new condition reasonably likely to result in an ESA award, then any new claim that you make will be rejected by the DWP.
Gordon
Oh, so I can't make a new claim even after 6 months have passed (unless worse),
I'll have to chase up the reassessment then?
If I were to end my claim for JSA could I still pursue the reassessment?
thank you
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- Gordon
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6 years 10 months ago #190573 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No appeal after 6 months -make a new claim? (ESA)
Rayland
If You cannot show a documented deterioration in your original conditions or a new condition then the only way you may receive ESA again is by challenging the ESA Fit for Work Decision from six months ago. The rules changed several years ago!
If you close your JSA claim then you may not be entitled to any other payments, ESA is not payable during the MR stage, but if you go on to appeal then you can receive the ESA Assessment rate while you wait for a hearing.
Gordon
If You cannot show a documented deterioration in your original conditions or a new condition then the only way you may receive ESA again is by challenging the ESA Fit for Work Decision from six months ago. The rules changed several years ago!
If you close your JSA claim then you may not be entitled to any other payments, ESA is not payable during the MR stage, but if you go on to appeal then you can receive the ESA Assessment rate while you wait for a hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Rayland7
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6 years 10 months ago #190591 by Rayland7
Replied by Rayland7 on topic No appeal after 6 months -make a new claim? (ESA)
Do you know if I could stop claiming JSA and still pursue the reassessment?
sorry for the double post my browser crashed
sorry for the double post my browser crashed
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