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ESA claim turned down

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6 years 11 months ago #189793 by Hm
ESA claim turned down was created by Hm
Need some advice. I failed ESA tribunal in January this year. I have lupus/fibromyalgia/IBS/Anxiety and depression. In April I was diagnosed with osteoarthritis. My go gave me a new fit note with osteoarthritis and worsening lupus and depression. I made a new ESA claim, received a call on This Wednesday to say they are disallowing my claim. I was then put through to claim jobseekers after answering their questions was told I did not qualify for jobseekers. Phoned DWP advice line to find out what benefits I could claim, was told universal credit. Went on line to apply only to be told do not qualify. I am without money and have no idea where to go from here. Any help much appreciated.

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6 years 11 months ago #189811 by Gordon
Replied by Gordon on topic ESA claim turned down
Hm

Although a new condition or a deteriorated one should be enough to allow you to claim ESA again, there has to be a reasonable expectation of an award. Also, a new claim will require you to re-qualify for ESA so it may be that you cannot meet the ESA(CB) rules or don't qualify for ESA(IR).

When you claimed JSA did you say that you had a new Fit Note, if you did then this may be why you were unable to start a claim. You must declare yourself Fit for Work in order to claim JSA.

As to UC, it may be that your circumstances prevent you from making a n online claim but one made over the phone would be accepted.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 11 months ago #189840 by Hm
Replied by Hm on topic ESA claim turned down
Thank you. I didn't mention that I had a fit note. Just answered the question I was asked.

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6 years 11 months ago #189856 by Gordon
Replied by Gordon on topic ESA claim turned down

Hm wrote: Thank you. I didn't mention that I had a fit note. Just answered the question I was asked.


If you make a new claim for JSA and declare yourself as Fit for Work, then your claim will be accepted.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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