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Reclaiming ESA after cancelling the claim
- fil501
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8 years 5 months ago #145423 by fil501
Reclaiming ESA after cancelling the claim was created by fil501
I initiated my ESA claim in July 2015, and I'm overdue for my face-to-face medical, which I've managed to postpone twice. It's now on 24 Dec.
I'm hoping new (recently submitted) evidence will get me out of the assessment, but if it doesn't I'm considering cancelling my claim on 22 Dec, then simply reclaiming ESA a few days later, and starting the process from scratch again.
Is this a feasible thing to do, or are there any flaws? I haven't come across any other experiences regarding this course of action before.
I'm hoping new (recently submitted) evidence will get me out of the assessment, but if it doesn't I'm considering cancelling my claim on 22 Dec, then simply reclaiming ESA a few days later, and starting the process from scratch again.
Is this a feasible thing to do, or are there any flaws? I haven't come across any other experiences regarding this course of action before.
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- Gordon
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8 years 5 months ago #145451 by Gordon
There will be some problems with this.
A reclaim made within 12 weeks will result in the old claim and the new one being linked and you will be put back on to ESA awaiting an assessment.
If you claim outside of the 12 weeks and you obviously will not receive any benefit during this time, then your new claim will be made in 2016, if you are claiming Contribution Based ESA, then the Tax Years used for the new claim will be different from what they were when you made this claim, as a result you will need to check if you still qualify?
However, the most likely result is that a new assessment will be required and you will be back to where you are having lost 12 weeks benefit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reclaiming ESA after cancelling the claim
fil501 wrote: I initiated my ESA claim in July 2015, and I'm overdue for my face-to-face medical, which I've managed to postpone twice. It's now on 24 Dec.
I'm hoping new (recently submitted) evidence will get me out of the assessment, but if it doesn't I'm considering cancelling my claim on 22 Dec, then simply reclaiming ESA a few days later, and starting the process from scratch again.
Is this a feasible thing to do, or are there any flaws? I haven't come across any other experiences regarding this course of action before.
There will be some problems with this.
A reclaim made within 12 weeks will result in the old claim and the new one being linked and you will be put back on to ESA awaiting an assessment.
If you claim outside of the 12 weeks and you obviously will not receive any benefit during this time, then your new claim will be made in 2016, if you are claiming Contribution Based ESA, then the Tax Years used for the new claim will be different from what they were when you made this claim, as a result you will need to check if you still qualify?
However, the most likely result is that a new assessment will be required and you will be back to where you are having lost 12 weeks benefit.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- fil501
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8 years 5 months ago #145454 by fil501
Replied by fil501 on topic Reclaiming ESA after cancelling the claim
Thank you. I had not come across the 12 week implication before, but pleased I am now aware of it!
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8 years 5 months ago - 8 years 5 months ago #145548 by fil501
Replied by fil501 on topic Reclaiming ESA after cancelling the claim
Hello again - one more question: In the case of my ESA claim being stopped due to non-attendance of the face-to-face assessment, do I still get the chance to ask for a Mandatory Reconsideration, and ultimately appeal?
Last edit: 8 years 5 months ago by bro58.
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- bro58
8 years 5 months ago #145556 by bro58
Hi f51,
Yes, but you would be required to show "Good Cause" for non-attendance, and this can be very difficult to do !
bro58
Replied by bro58 on topic Reclaiming ESA after cancelling the claim
fil501 wrote: Hello again - one more question: In the case of my ESA claim being stopped due to non-attendance of the face-to-face assessment, do I still get the chance to ask for a Mandatory Reconsideration, and ultimately appeal?
Hi f51,
Yes, but you would be required to show "Good Cause" for non-attendance, and this can be very difficult to do !
bro58
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- bro58
8 years 5 months ago #145575 by bro58
Hi f501,
As an indication of just how difficult it can be to show "Good Cause" for non-attendance, have a read through this : This Topic
bro58
Replied by bro58 on topic Reclaiming ESA after cancelling the claim
bro58 wrote:
fil501 wrote: Hello again - one more question: In the case of my ESA claim being stopped due to non-attendance of the face-to-face assessment, do I still get the chance to ask for a Mandatory Reconsideration, and ultimately appeal?
Hi f51,
Yes, but you would be required to show "Good Cause" for non-attendance, and this can be very difficult to do !
bro58
Hi f501,
As an indication of just how difficult it can be to show "Good Cause" for non-attendance, have a read through this : This Topic
bro58
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