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DWP Unfair decision - sudden closure of ESA - change of address

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8 years 3 weeks ago #159990 by zoewawa
Obviously, if I trusted what they told me in the beginning (that I didn't need to go through the medical again) I would have made a new claim right away. But I have been so paranoid (this might be one of the reasons I was sent for the mental health treatment in the first place :blush: ) that I keep thinking it must be a pitfall where they have been trying hard to make me jump into.

Also, I am just so sick of going through the medical again. As I mentioned before, I have to appeal EVEY single time. And every time it just made me more ill and see less hope of getting well again ..... :(

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8 years 3 weeks ago #159997 by Gordon

zoe wrote: Gordon,

Thank you so much again for your generous help. I have been in so much panic that I have not been able to think clear. And the more distressed I am the more I am confined to my flat, unable to go out and seek help. If not for your guidance, I would have been in pieces.

I am sorry if I am repeating the same question, but I am still confused and need more of your guidance regarding the 12 weeks linking rule.

You mentioned before that "if a new claim is made within 12 weeks of the previous claim being closed then the DWP may consider that the two link and you will not need to meet the eligibility criteria again."

I recall: a JC+ agent also mention that if I make a new claim within 12 weeks of the old one being closed, I do not have to go through the medical again. I have also read it somewhere else on the internet that people who were in the Support Group would be paid Support Group's rate from day one of the new claim. Is it true - if my claim is deemed as linked to the old one, then I will be placed in the same support group straight away without a medical?

If it's true, I am wondering if they are gonna pay me the support group rate or the assessment rate if I appeal and make a new claim at the same time?


I guess the question is are you still within the 12 weeks? By my calculation it would be 9 March!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: zoewawa

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8 years 3 weeks ago #160020 by zoewawa
Hi Gordon,

My ESA was closed 21 March, suspended on 25/01/16. Do you know if it should be counted from the day it was closed or suspended?

OMG ... if it dates from my ESA was suspended, then I will be so gutted!! .... OMG... how will I be able to forgive myself for being so stupid?!!! :( :( :(

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8 years 3 weeks ago #160027 by zoewawa
sorry Gordon, one more question: if the 12 weeks rule apply to my case, can I also ask it to be backdated for 3 months?

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8 years 3 weeks ago #160045 by Gordon

zoe wrote: Hi Gordon,

My ESA was closed 21 March, suspended on 25/01/16. Do you know if it should be counted from the day it was closed or suspended?

OMG ... if it dates from my ESA was suspended, then I will be so gutted!! .... OMG... how will I be able to forgive myself for being so stupid?!!! :( :( :(


It's the date it was closed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: zoewawa

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8 years 3 weeks ago #160046 by Gordon

zoe wrote: sorry Gordon, one more question: if the 12 weeks rule apply to my case, can I also ask it to be backdated for 3 months?


It can't be back dated prior to the end of your last claim, otherwise you would have two ESA claims at the same time!

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: zoewawa

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