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- Bernette
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7 years 9 months ago #164387 by Bernette
help was created by Bernette
Hi all.
I asked before for advice but now have new questions..
I had esa claim, medical then got refused.. I then done a mandatory reconsideration which was refused..therefore left to go to court to appeal which I did not do as I am deeply depressed and found/find it extremly hard to do such task's even trying to gather the info seemed way to hard..
ANYWAY I now have a different ailment to my first esa claim and have applied for it....automatically they have refused it without me filling out ESA50 or attending a medical and have said to do a mandatory reconsideration which Iam at present trying to do...
I feel they havent even looked at my case and just thrown me away...my rent isnt getting paid and i have 2 children still at home with me...I find because I see to my children...(i.e take/collect them from school) because I have nobody else to do this they are prejudice to my claim..they say im able to work......I have deep depression (5/6 years) anxiety...awaiting phsyio for my right shoulder due to pain, have had phsyio on my fingers as in winter/cold months I have pain... and now I have bulging disc in my lower back which is painful and better when I lie down...im awaiting phsyio for this now which will probably take 3 months....I truly dont know what to do anymore and am so stressed now even more than before..
I asked before for advice but now have new questions..
I had esa claim, medical then got refused.. I then done a mandatory reconsideration which was refused..therefore left to go to court to appeal which I did not do as I am deeply depressed and found/find it extremly hard to do such task's even trying to gather the info seemed way to hard..
ANYWAY I now have a different ailment to my first esa claim and have applied for it....automatically they have refused it without me filling out ESA50 or attending a medical and have said to do a mandatory reconsideration which Iam at present trying to do...
I feel they havent even looked at my case and just thrown me away...my rent isnt getting paid and i have 2 children still at home with me...I find because I see to my children...(i.e take/collect them from school) because I have nobody else to do this they are prejudice to my claim..they say im able to work......I have deep depression (5/6 years) anxiety...awaiting phsyio for my right shoulder due to pain, have had phsyio on my fingers as in winter/cold months I have pain... and now I have bulging disc in my lower back which is painful and better when I lie down...im awaiting phsyio for this now which will probably take 3 months....I truly dont know what to do anymore and am so stressed now even more than before..
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- Gordon
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7 years 9 months ago #164422 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic help
Bernette
The law was changed last year so that a new claim for ESA could only be accepted if the claimant could show a new condition or a deterioration of their existing and there was a reasonable likelihood of an award. I suspect that you have failed to show the latter.
You can challenge the Decision but it is likely that even if you win that you will not receive payment until you have attended a face to face assessment.
If you want to pursue the ESA then have a look at our ESA Appeal guide on how to request a Mandatory Reconsideration.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You mention that you have young children have you looked at whether you could claim Income Support?
www.gov.uk/income-support/overview
Gordon
The law was changed last year so that a new claim for ESA could only be accepted if the claimant could show a new condition or a deterioration of their existing and there was a reasonable likelihood of an award. I suspect that you have failed to show the latter.
You can challenge the Decision but it is likely that even if you win that you will not receive payment until you have attended a face to face assessment.
If you want to pursue the ESA then have a look at our ESA Appeal guide on how to request a Mandatory Reconsideration.
www.benefitsandwork.co.uk/help-for-claimants/esa1
You mention that you have young children have you looked at whether you could claim Income Support?
www.gov.uk/income-support/overview
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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