Error in law

Johnny81 wrote: Hi sorry to hijack this thread but I am new and yet to post. I would like to start a new topic but I am unable to. I can see that I should be able to as it's between 2 and 4. Please can you help Gordon?

Many thanks,

John.

All post are moderated so they won't appear in the forum until a Moderator approves them, the forum is open 24 hours a day but Mods are only online at certain times, so just create a new topic with your questions and we'll approve and reply to it as soon as we can.

Gorodn

Johnny

As far as I am aware the forum software does not distinguish between creating a new topic and a new post, in both cases you have to be logged into the site, the fact that you have made the above post means that your user is setup correctly and you can use the forum

If you still have problems then you should contact the Office for assistance

This email address is being protected from spambots. You need JavaScript enabled to view it.

Yes , you need to request an appeal from the Tribunal Service, the ESA Appeal guide has links to the form you need to use and an explanation of how to complete it. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

Once the TS have acknowledged your appeal you can contact the DWP and ask for the ESA Assessment rate to be paid while you wait for your appeal, you will need to maintain an active Fit Note throughout the process and the initial one needs to be dated from the day after you were found Fit for Work. They need to be sent to the DWP that dealt with your claim, the address will be on any of the letters that you received.

You should have a look at our ESA Claim guides on the same link to make sure that you understand the criteria against which you were assessed.

If you have nor already done so, you should ask for a copy of the ESA85 assessment report.

If your appeal fails then you can only make a new claim for ESA on the basis of a new condition or a documented deterioration of your existing conditions likely to lead to an award.

If you have more questions then please reply to this post and we will do our best to help.

Gordon

Johnny

The Fit Note will be down to your GP but there is no legal reason why they cannot provide a back dated Fit Note, you should not need to self certify the initial period as this should be classed as a continuous period of you being unable to work.

The "six month" rule was effectively revoked at the end of March last year.

You should certainly raise the issue of your failing the criteria despite your conditions being worse, although it is worth checking that the criteria have not changed, the last update was in 2013, but remember these are secondary arguments to you showing that you meet the criteria.

Gordon