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To end current ESA claim or not??

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7 years 8 months ago #164837 by Terri
To end current ESA claim or not?? was created by Terri
Good evening everyone

i have been a member of the B&W group for some time now and used the information to put in a successful ESA claim, being placed in WRAG.

I have now exhausted the 365 day limit for payments, but am still receiving NI credits.
I have found out today that the first Knee Replacement I had done in March 2015 (the reason for my first ESA claim, along with Osteoarthritis in both knees) has become loose, and I am facing a further, more complex surgery, to remove it, and re replace it. This is obviously going to take a long time, Im guessing November/December time for the surgery, followed by a lengthy rehabilitation. Day to day I am struggling with severe pain, and am on Morphine 27/7 to try and control it.

My question regarding ESA - I have heard from somewhere that I could close down the existing ESA claim, and then after 8 or 12 weeks (cant remember which) I could re-apply and receive a further 365 days payment eligibility, obviously dependent on passing the ESA tests! I realise that I would lose the NI contributions in that interim period, but that would be a worthy sacrifice in my eyes.
I just wanted to make sure that I understood the basics correctly before I make the decision to start moving forward with things.
My husband works full time and we would not get income-based ESA. My Consultant told me today that I should definitely not be seeking work at present, and she says we have no real idea how long its going to take to to get me in a position to do so - she is happy to provide 3-month-long Fit Notes for as long as is required.
Any suggestions?

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7 years 8 months ago #164846 by Gordon
Replied by Gordon on topic To end current ESA claim or not??
Terri

Wherever you have heard this has only provided you with part of the information.

In order to make a new claim for ESA(CB) you will need to re-meet the Contribution Conditions and at least one of the years used must be later than those used in your original claim.

There are two Contribution Conditions; in both cases they look at the two full Tax Years prior to the year of claim, so for a claim in 2916 the years used will be 2013-14 and 2014-15.

For the first Condition you need to have 26 weeks or more of NI Contributions in one of the years. NI Contributions can only be acquired through paid employment or registered self-employment.

The second Condition can be met using either NI Contributions or NI Credits, the latter are paid when the claimant is receiving certain benefits such as ESA.

So the key question is whether you acquired sufficient NI Contributions in the Tax Year 2014-15, you can do this by contacting HMRC.

If you do then you can make a new claim for ESA(CB) once 12 weeks have elapsed from when your payments stopped, there is no need for you to close your claim to do this.

As it will be a new claim you will receive a new ESA50 and will likely have to attend a face to face assessment.

You don't mention it but have you looked at whether you met the criteria for the SG at the time of your WRAG Decision or whether your conditions have deteriorated so that you now meet the criteria?

Gorodn

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 8 months ago #164869 by Terri
Replied by Terri on topic To end current ESA claim or not??
Hi Gordon

Thank you SO MUCH for your response!

I shouldnt have a problem re contributions - I was employed full-time up to April 2015, and had been with the same employer for 14 years with no gaps in my employment. Then I was made redundant within weeks of my first surgery.... :angry:

AND - my ESA payments stopped on April 25th this year, so I should be able to make my new claim straight away! I saw one of the Orthopedic team today and she gave me a Fit Note for 3 months, along with the offer of a letter for DWP.

I didnt meet the SG descriptors the first time around, and whilst my mobility has deteriorated recently, Ive learnt not to build my hopes u where DWP are concerned....
Thanks again Gordon, I'll be going to bed in a much better frame of mind than I was earlier on. :)
Terri

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7 years 8 months ago #164886 by Gordon
Replied by Gordon on topic To end current ESA claim or not??
Terri

Please don't forget the requirement that one of the years used for a new claim must be newer than those used for the old claim.

Gordon

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7 years 8 months ago #164942 by Terri
Replied by Terri on topic To end current ESA claim or not??
Thanks Gordon - Do you know how is that decision made by DWP? Is it an arbitrary choice they make, kind of the luck of the draw or is it done chronologically, according to some kind of guidelines? Just asking as I made my claim over the phone today but wont hear anything until 12th August and I feel like Im going crazy! Probably due to the news I received about my knee yesterday, but my heads in a spin, and feel Ive got nowhere to turn to.

Claim #1 - made on 27/4/2015, so Im assuming they should have used 2012-2013 and 2013-2014 for this claim. I was made redundant on 6/4/2015 and have not worked since.

Claim #2 - made on 1/8/2016, and Im assuming that it would be the contributions from 2013-2014 and 2014-2015 used for this claim.

Sorry if this is above and beyond what you would normally help with - at worst I suppose Ive got a couple of weeks of uncertainty, and then see what to do next if is bad news.

Thanks again

Terri

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7 years 8 months ago #164957 by Gordon
Replied by Gordon on topic To end current ESA claim or not??
Terri

It's strictly chronological so 2014-15 would be a newer year than used in the original claim.

Gordon

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