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win appeal but find work, how to re-claim

  • rappa
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13 years 4 months ago #33191 by rappa
having one esa appeal put in work activity group , but have found work, if health dictates return to esa do i have to start all over again from scratch! many thanks rap.

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13 years 4 months ago #33193 by Crazydiamond
Replied by Crazydiamond on topic Re:win appeal but find work, how to re-claim
If you come off ESA to try out a job or training you may be able to reclaim ESA under special linking rules. These allow you to receive ESA without any 'waiting period', and at the same rate and on the same terms as before, and you do not have to re-serve the 13 weeks assessment phase.

Any two periods of limited capacity for work that are separated by no more than 12 weeks are treated as a single period. If you are off sick or leave a job within 12 weeks of a previous ESA award you will go back onto your ESA at the same rate and terms as before.

If you were receiving ESA for over 13 weeks then came off ESA to begin work or training there is a two year linking rule. If that work or training stops for any reason within two years you can reclaim ESA at the same rate and on the same terms as before

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

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13 years 4 months ago #33194 by DRAGON2009
Replied by DRAGON2009 on topic Re:win appeal but find work, how to re-claim
I wonder whether if someone works for a period and then reclaims ESA under the linking rules, that notwithstanding their claim picks itself back up, there would be a prospect of a fresh medical assessment being triggered.

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13 years 4 months ago #33195 by Crazydiamond
Replied by Crazydiamond on topic Re:win appeal but find work, how to re-claim
In my view, I would think that the way things are going with ESA so far, anyone making a reclaim would be hauled in for a medical assessment in double quick time.

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13 years 4 months ago #33198 by DRAGON2009
Replied by DRAGON2009 on topic Re:win appeal but find work, how to re-claim
I think so too and as time progresses I think anyone declaring voluntary or permitted work may well end up hauled in sharpish for fresh asessment if such activity even hints that they might no longer get enougb points.

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13 years 4 months ago #33205 by Derek4
I can confirm from personal experience that weight-training, running, going to college, doing voluntary work, studying at home, using a computer, and even answering the phone when it rings, can all be used against you by ATOS, DMs and tribunals.

I quite stupidly admitted to looking for part time work in my IB50 because I heard that permitted work does not affect your benefit. Of course they mean, until your next medical assessment, when you will be declared fit for work!

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