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Repeat ESA claims with new illness
- KEITH TAIT
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7 years 5 months ago #201609 by KEITH TAIT
Repeat ESA claims with new illness was created by KEITH TAIT
I have been told by Job Centre this morning, that I can claim ESA and get benefit with a new illness-
even though I have had 2 previous ESA claims turned down, is this true?
So for example, if I was diagnosed tommorow with cancer , had the op to remove it, and needed several weeks recuperation before I was fit for work,but then needed subsequent checks, would I be able to claim ESA and get the benefit.Of course I could always claim ESA but for 12 weeks or so I would get no money, because I have been refused ESA before.Is this true?
Also, I would like to query if I could ask an ESA tribunal to consider new illness(eg cancer and operative care plan) .And would a tribunal take into consideration a new illness, not previously mentioned on ESA application, or would I have to re-apply for ESA as it is a different illness.
In which case, can I apply and get ESA benefits with new illness?
even though I have had 2 previous ESA claims turned down, is this true?
So for example, if I was diagnosed tommorow with cancer , had the op to remove it, and needed several weeks recuperation before I was fit for work,but then needed subsequent checks, would I be able to claim ESA and get the benefit.Of course I could always claim ESA but for 12 weeks or so I would get no money, because I have been refused ESA before.Is this true?
Also, I would like to query if I could ask an ESA tribunal to consider new illness(eg cancer and operative care plan) .And would a tribunal take into consideration a new illness, not previously mentioned on ESA application, or would I have to re-apply for ESA as it is a different illness.
In which case, can I apply and get ESA benefits with new illness?
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- Gordon
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7 years 5 months ago #201627 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Repeat ESA claims with new illness
Keith
A new condition should allow you to re-claim ESA.
Following a Fit for Work Decision you cannot re-claim ESA unless you can show that there has been a deterioration in your current conditions or a new condition likely to result in an award of ESA. The "six month" rule has been removed.
Neither an MR or appeal can take into account any deterioration in your conditions that has happened since the Decision was made.
You can appeal and make a new claim at the same time but be aware, a new claim results in a new Decision which will supersede any that might be made at an appeal.
Gordon
A new condition should allow you to re-claim ESA.
Following a Fit for Work Decision you cannot re-claim ESA unless you can show that there has been a deterioration in your current conditions or a new condition likely to result in an award of ESA. The "six month" rule has been removed.
Neither an MR or appeal can take into account any deterioration in your conditions that has happened since the Decision was made.
You can appeal and make a new claim at the same time but be aware, a new claim results in a new Decision which will supersede any that might be made at an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- KEITH TAIT
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7 years 5 months ago #201654 by KEITH TAIT
Replied by KEITH TAIT on topic Repeat ESA claims with new illness
Hi, Gordon,
When you say a new condition should allow me to re-claim ESA, (and the new condition` s seriousness can be supported with letters from my GP) do you mean I will be awarded money and housing benefit/council tax benefit during the assessment phase that is before the WCA?
If I had a new illness which necessitated surgery, post operative recovery for several weeks and further treatment would this constitute a new condition likely to result in an award of ESA?And moreover, would I get money and other benefits up to the point of the WCA, or would I have to wait for a decision after WCA and then be paid back monies from the start of the new claim?
When you say a new condition should allow me to re-claim ESA, (and the new condition` s seriousness can be supported with letters from my GP) do you mean I will be awarded money and housing benefit/council tax benefit during the assessment phase that is before the WCA?
If I had a new illness which necessitated surgery, post operative recovery for several weeks and further treatment would this constitute a new condition likely to result in an award of ESA?And moreover, would I get money and other benefits up to the point of the WCA, or would I have to wait for a decision after WCA and then be paid back monies from the start of the new claim?
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- Gordon
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7 years 5 months ago #201686 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Repeat ESA claims with new illness
Keith
It is as the discretion of a Decision Maker, they are more likely to make payment for a new condition than a deterioration/
An operation with a stay in hospital should result in a WRAG award, but may also result in a another reassessment in three months.
If payment is not made then you would have to wait for a Decision, if an award is not made then you would receive back payment of any missed payments.
You've mentioned cancer several times. Cancer is not an automatic qualifier for ESA, you would still need to meet sufficient of the Descriptors to receive an award.
Gordon
It is as the discretion of a Decision Maker, they are more likely to make payment for a new condition than a deterioration/
An operation with a stay in hospital should result in a WRAG award, but may also result in a another reassessment in three months.
If payment is not made then you would have to wait for a Decision, if an award is not made then you would receive back payment of any missed payments.
You've mentioned cancer several times. Cancer is not an automatic qualifier for ESA, you would still need to meet sufficient of the Descriptors to receive an award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: KEITH TAIT
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