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Re-applying for ESA

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13 years 4 months ago #33947 by carmind
Re-applying for ESA was created by carmind
A client has just lost a tribunal appeal on claiming ESA because insufficient evidence was submitted at the time of the assessment.
does anyone know if he can immediately re-apply for ESa with the missing evidence?

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13 years 4 months ago #33957 by DRAGON2009
Replied by DRAGON2009 on topic Re:Re-applying for ESA
a 'client' is this forum for ordinary members and also for professional advisors ??

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13 years 4 months ago #34155 by Storm287
Replied by Storm287 on topic Re:Re-applying for ESA
Sorry don't know the answer, but I dont care wether they are a professional or a normal member, they are still trying to get help for a sick or disabled person through the mind field of the DWP rules, and if it was a normal member asking for a friend would anyone question it.

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  • Survivor
13 years 4 months ago #34166 by Survivor
Replied by Survivor on topic Re:Re-applying for ESA
XFactor - Professionals can be members of B&W as can individuals.

Carmind - I'm afraid I don't know the answer to your question, unless it's been more than six months since the original decision to refuse ESA was made, in which case, he can apply again without any change to his condition, or unless his condition has deteriorated in the meantime, in which case he can submit a fresh claim, but I don't know what happens otherwise.

Hopefully one of my fellow moderators will know the answer.

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13 years 4 months ago #34183 by DRAGON2009
Replied by DRAGON2009 on topic Re:Re-applying for ESA
Can you please outline the details a little more. What evidence ought to have been submitted ? What has the tribunal said about this ?

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13 years 4 months ago #34186 by Steve Donnison
Replied by Steve Donnison on topic Re:Re-applying for ESA
Hi carmind,

The short answer is yes your client can apply again immediately.

But if there has been no significant change in his condition and it is less than six months since the decision on his last claim then he may not be eligible to receive the assessment rate of ESA whilst awaiting a decision.

However, the tribunal should have taken into account any relevant evidence regardless of whether it was available to the decision maker at the time of the original decision - that's what tribunals are there for.

So your client may also wish to consider the possibility of appealing to the upper tribunal at the same time as making a fresh claim. There's details of how to begin the UT process in our ESA appeals guide.

Good luck,

Steve

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

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