My brother's ESA Appeal is on Thursday 12 January and I suspect he will not be successful as he did not seek help when completing application form process and in attending the ATOS WCA. He had his WCA on 26 April 2011, DWP decision he was not eligible for ESA made on 6 June and Appeal will be 12 January. I have heard that as the whole process has taken more than 6 months he can put in another ESA claim straight away if his Appeal is unsuccessful. Is this correct?
My brother's ESA Appeal is on Thursday 12 January and I suspect he will not be successful as he did not seek help when completing application form process and in attending the ATOS WCA. He had his WCA on 26 April 2011, DWP decision he was not eligible for ESA made on 6 June and Appeal will be 12 January. I have heard that as the whole process has taken more than 6 months he can put in another ESA claim straight away if his Appeal is unsuccessful. Is this correct?
As more than six months have elapsed since the original Decision, he can make a new claim for ESA whether his Tribunal is successful or not.
Gordon
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