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- Faillure to complete ESA50-Denied ESA-What now?
Faillure to complete ESA50-Denied ESA-What now?
- jasonh
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-Can we reapply for ESA and receive assessment phase payments
-I think I read once refused ESA then reapply has to be different condition and you wait until health assessment without income as assessment phase not applied?
Advice greatly appreciated
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- Gordon
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jasonh wrote: Client failed to complete ESA50 and MR found his health not good reason.anf they noted he had a wife who would have been able to open letters. Is there a right to appeal (although maybe weak case).
-Can we reapply for ESA and receive assessment phase payments
-I think I read once refused ESA then reapply has to be different condition and you wait until health assessment without income as assessment phase not applied?
Advice greatly appreciated
Yes they can appeal, the ESA Appeal guide has links to the SSCS1 that they will need to complete and instructions on how to do so. The ESA assessment rate will not be payable during the appeal.
They can make a new claim for ESA as they were not found Fit for Work but rather treated as Fit for Work, but I don't think that they will be paid any ESA until they attend a WCA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jasonh
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- Gordon
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jasonh wrote: Hi Gordon, Thanks for advice i needed. can he do both simultaneously or its either/or...Thanks again!
Yes they can, if the appeal is in their favour then the two claims should be merged by the DWP, with the old claim subsuming the new one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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