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appeal or f2f ?

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6 years 11 months ago #187445 by jason j
appeal or f2f ? was created by jason j
good evening Gordon,i was in support group, after failed assessment appeal lodged hearing early may claimed jsa 2 x 3 month fit notes. now on esa assessment rate until appeal but if i was not appealing would i be on same rate? i would rather another f2f hopefully get points for support group (recorder essential) rather than risk appeal or do i have nothing to lose i get pip high and enhanced rate. my esa claim now is classed as a continued claim rather than new. could you advise please J.J

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6 years 11 months ago #187463 by Gordon
Replied by Gordon on topic appeal or f2f ?
Jason

As the Decision you are appealing was a Fit for Work one then you can only make a new claim for ESA if you have a documented new condition or a deteriorated one that would reasonably result in an award.

Gordon

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6 years 11 months ago #187478 by jason j
Replied by jason j on topic appeal or f2f ?
Yes, my new fit notes have new health and ongoing conditions from my GP and they have excepted this for esa, i will have referrals with appointment times after my appeal hearing heart specialist, physiologist,etc after my appeal date.

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6 years 11 months ago #187482 by Gordon
Replied by Gordon on topic appeal or f2f ?

jason j wrote: Yes, my new fit notes have new health and ongoing conditions from my GP and they have excepted this for esa, i will have referrals with appointment times after my appeal hearing heart specialist, physiologist,etc after my appeal date.


Forgive me but I am confused by your latest post, you said that you were on the Assessment rate while waiting for an appeal, if this is the case then those looking at your claim cannot take into account any changes in your conditions or any new conditions that you have.

If you have made a new claim then the DWP would have to have accepted that these changes were sufficient to result in an award or they would have refused your new claim.

Which is it?

Gordon

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

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6 years 11 months ago #187485 by jason j
Replied by jason j on topic appeal or f2f ?
sorry about confusion, after 13 weeks sick on jsa i was told by my job advisor if i was on the sick for 1 more week with new condition(i got 3 month fitnote) other than what was on my last esa claim i would be successful with esa claim. i was lead to believe this was a new claim i,m later informed by dwp as your esa was still live as you are waiting your appeal you will just get the assessment rate 95.10 a week. until appeal panel decide wrag or support group.sorry i hope its clearer
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