ESA Claim

Claudia

You have two options going forward.

You can appeal the current Decision. Providing this is the first time that they have been found Fit for Work then they can receive the ESA Assessment rate while they wait for an appeal.

They may be able to make a new claim for ESA, although you have been told that this will be accepted, I am a little more dubious, you will need to show that his conditions have significantly deteriorated such that he is reasonably likely to qualify for an award. Be aware he may not receive any ESA until he attends a face to face assessment.

You will also need to look at why he failed last time and consider how to deal with the issues raised.

You can do both options but be aware, a new claim will result in a new Decision which will limited any award that a Tribunal might make.

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

Gordon