I failed my ESA tribunal on 31 January 2017, I phoned ESA to make a new claim on 13th February, was told that I was still on the system as an on going claim till April and to wait for a letter. I informed them that I had failed tribunal. I have also informed my local job centre. I have still been receiving ESA assesment payments. Is this normal after failing a tribunal
No it's not usual and the continuing ESA payments will be treated as an over payment although not a recoverable one.
I would chase them again about the situation.
Providing you have a Fit Note starting from the day after your Tribunal you can back date your claim. Be aware that you can only make a new claim on the basis of a new condition or a deterioration in your existing conditions, such that an award is reasonably likely. You may be asked to provide medical evidence to support this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
