ESA re appling after claim has gone for appeal

Hi

I'm looking for advice on reclaiming ESA. My last claim has gone off to appeal because they completely mucked up but refused to admit it. The long and short of it is that they sent my health assessment letters to a wrong address a few times so they found me fit for work on the basis that I didn't attend the medicals. It kind of helps if I know when and hwere the medicals are though!
Anyway they refused my mandatory reconsideration so its gone off for an appeal.

Ive been 10 weeks without money. Tried claiming JSA but I'm not eligible for it because I cant physically work over 40 hours. Cant claim Income Support because I don't have a child under 5 so that only leaves me with ESA.

Ive re applied but I worried they will say no. My doctor was seriously unhelpful when I asked for another fit note. I said that I feel that I might be able to manage a couple of hours a day in the right role. Not sure where i'll find one of those! but I'm happy to do it if theres a job out there. I'm worried that ESA will say, well if you can work you claim JSA, but I cant do 40 hours. Will they let me claim if my fit note says I can do part time work?

Many thanks

Trinity wrote: Hi

I'm looking for advice on reclaiming ESA. My last claim has gone off to appeal because they completely mucked up but refused to admit it. The long and short of it is that they sent my health assessment letters to a wrong address a few times so they found me fit for work on the basis that I didn't attend the medicals. It kind of helps if I know when and hwere the medicals are though!
Anyway they refused my mandatory reconsideration so its gone off for an appeal.

Ive been 10 weeks without money. Tried claiming JSA but I'm not eligible for it because I cant physically work over 40 hours. Cant claim Income Support because I don't have a child under 5 so that only leaves me with ESA.

Ive re applied but I worried they will say no. My doctor was seriously unhelpful when I asked for another fit note. I said that I feel that I might be able to manage a couple of hours a day in the right role. Not sure where i'll find one of those! but I'm happy to do it if theres a job out there. I'm worried that ESA will say, well if you can work you claim JSA, but I cant do 40 hours. Will they let me claim if my fit note says I can do part time work?

Many thanks

Hi T,

As you have been found fit for work, albeit on a technicality for failure to attend a face to face assessment, they cannot stop you claiming JSA whilst the MR process in ongoing.

The problems that you have encountered are suffered by others in that they "play ping pong" with you !

You cannot make a fresh claim for JSA whilst also presenting a fit note at the same time.

See : This Post which should help with your further understanding of the issue.

As you will see, after you have gone through the MR stage, and your appeal has been accepted by The Tribunal Service. (TS) you can contact ESA and revert back to Assessment Rate ESA until the date of your appeals hearing.

If you have received no monies from JSA, etc since the time of the fit for work decision and can obtain a fresh fit note from your G.P. to cover you from the date of the fit for work decision you should submit it to ESA (keep copies) this should entitle you to Assessment Rate ESA back dated from then.

If you can't get a back dated fit note, you still need one to cover you from the earliest date possible, ESA should then be payable from that date.

As you have been found fit for work on a technicality (failure to attend a F2F), if you are unsuccessful at appeal you can make a fresh claim for ESA, although payments will only be made if 6 months or more have passed since the date of the fit for work decision.

At appeal you will need to show Good Cause for non attendance, if you are stating that you never received the appointment letter, you will need to provide evidence that it is likely that you are telling the truth.

This can be difficult, and it is generally accepted that if DWP/Maximus state that they have sent a letter of appointment, they have, and you must have therefore received it.

To aid your submission, you could request that whoever sent the letter provides administrative proof that they did so.

Did they have and use your correct name, address and postcode ?

Is your mail delivered to a communal area where other people have access to it ?

Is there a history of your mail going astray, if so, can you gain confirmation of this from Royal Mail ?

etc, etc !

Good luck and please keep us updated !!

bro58

Update - I've ended up having to appeal it. Not sure how long that will all take. I couldn't apply for jsa as I didn't fit the criteria. So I re applied for ESA and got it. No bother. No hassle. They just accepted the claim. I have had another health condition diagnosed though since the first original claim. I think this made a difference.
Thank you

Trinity wrote: Update - I've ended up having to appeal it. Not sure how long that will all take. I couldn't apply for jsa as I didn't fit the criteria. So I re applied for ESA and got it. No bother. No hassle. They just accepted the claim. I have had another health condition diagnosed though since the first original claim. I think this made a difference.
Thank you

Hi T,

Whilst also paying heed to the information in my previous response above, Yes, to be paid ESA on a "repeat" claim after a fit for work decision on a previous claim, you must show that your existing condition/s have significantly worsened, or you are suffering from a different medical condition.

bro58