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Faillure to complete ESA50-Denied ESA-What now?

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7 years 1 month ago #181578 by jasonh
Client failed to complete ESA50 and MR found his health not good reason.anf they noted he had a wife who would have been able to open letters. Is there a right to appeal (although maybe weak case).
-Can we reapply for ESA and receive assessment phase payments
-I think I read once refused ESA then reapply has to be different condition and you wait until health assessment without income as assessment phase not applied?

Advice greatly appreciated

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7 years 1 month ago #181599 by Gordon

jasonh wrote: Client failed to complete ESA50 and MR found his health not good reason.anf they noted he had a wife who would have been able to open letters. Is there a right to appeal (although maybe weak case).
-Can we reapply for ESA and receive assessment phase payments
-I think I read once refused ESA then reapply has to be different condition and you wait until health assessment without income as assessment phase not applied?

Advice greatly appreciated


Yes they can appeal, the ESA Appeal guide has links to the SSCS1 that they will need to complete and instructions on how to do so. The ESA assessment rate will not be payable during the appeal.

They can make a new claim for ESA as they were not found Fit for Work but rather treated as Fit for Work, but I don't think that they will be paid any ESA until they attend a WCA.

Gordon

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

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7 years 1 month ago #181739 by jasonh
Hi Gordon, Thanks for advice i needed. can he do both simultaneously or its either/or...Thanks again!

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7 years 1 month ago #181775 by Gordon

jasonh wrote: Hi Gordon, Thanks for advice i needed. can he do both simultaneously or its either/or...Thanks again!


Yes they can, if the appeal is in their favour then the two claims should be merged by the DWP, with the old claim subsuming the new one.

Gordon

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

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