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ESA - Possible Future Claim
- Lynne B
- Topic Author
8 years 3 months ago #147279 by Lynne B
ESA - Possible Future Claim was created by Lynne B
HI,
Shortly after my recent ESA assessment my condition/pain has worsened - would this be taken into account if I apply for MR/Appeal?
If I don't appeal (not sure I could face it at the moment), is it right that I could re-apply to claim Assessment rate again 6 months after my last payment (of this) ended (I received 4 months Assessment rate Aug - Dec 2015).
If so, is this 6 months from the last payment date or (If i request MR), 6 months from the MR decision date please ?
I could only claim Contribution based and I worked up to July 2015. I know that a fresh claim in 2016 looks back at contribution years 2013-14 and 2014-2015. Is there anywhere I can check that I would qualify based on this ?
Am trying to look ahead a bit regarding income for this year and find at least the Assessment rate for a period is better than nothing and certainly better than all the implications of claiming JSA (which I am currently doing).
An early reply would be most appreciated as the MR date is imminent.
Thank you very much again.
Shortly after my recent ESA assessment my condition/pain has worsened - would this be taken into account if I apply for MR/Appeal?
If I don't appeal (not sure I could face it at the moment), is it right that I could re-apply to claim Assessment rate again 6 months after my last payment (of this) ended (I received 4 months Assessment rate Aug - Dec 2015).
If so, is this 6 months from the last payment date or (If i request MR), 6 months from the MR decision date please ?
I could only claim Contribution based and I worked up to July 2015. I know that a fresh claim in 2016 looks back at contribution years 2013-14 and 2014-2015. Is there anywhere I can check that I would qualify based on this ?
Am trying to look ahead a bit regarding income for this year and find at least the Assessment rate for a period is better than nothing and certainly better than all the implications of claiming JSA (which I am currently doing).
An early reply would be most appreciated as the MR date is imminent.
Thank you very much again.
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- Gordon
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8 years 3 months ago #147299 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA - Possible Future Claim
Lynne
I'm afraid any deterioration in your condition since your Fit for Work Decision cannot be considered in any appeal, they can only look at how you were when the Decision was made.
You can make a new claim for ESA at any time but you will not be paid on it, even at the Assessment rate unless;
- you have a new condition and it is accepted that this could result in an award
- you can show that there has been a documented deterioration in your current conditions and it is accepted that this could result in an award.
- a new WCA determines that an award should be made.
With regard your NI Contributions, you can request a statement from HMRC.
Gordon
I'm afraid any deterioration in your condition since your Fit for Work Decision cannot be considered in any appeal, they can only look at how you were when the Decision was made.
You can make a new claim for ESA at any time but you will not be paid on it, even at the Assessment rate unless;
- you have a new condition and it is accepted that this could result in an award
- you can show that there has been a documented deterioration in your current conditions and it is accepted that this could result in an award.
- a new WCA determines that an award should be made.
With regard your NI Contributions, you can request a statement from HMRC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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