ESA

Just need some advice which I cannot find in the guides. If you were transferred from income support to ESA due to ill health in March 2013. Attended medical but failed so did not claim as I did not know what to claim plus I was ill and had a relapse n my mental health.
I have just put in a ne claim today as I have just come out of hospital. My question is are there any time limits from when ESA was stopped in March 2013 to me starting a new claim today.

Karen wrote: Just need some advice which I cannot find in the guides. If you were transferred from income support to ESA due to ill health in March 2013. Attended medical but failed so did not claim as I did not know what to claim plus I was ill and had a relapse n my mental health.
I have just put in a ne claim today as I have just come out of hospital. My question is are there any time limits from when ESA was stopped in March 2013 to me starting a new claim today.

Hi K,

It is still not too late to appeal the adverse fit for work decision in March 2013, as a late appeal can be lodged up to 13 months after an adverse decision.

If you submit a late appeal, and it is accepted that you have good cause for the late appeal, which from what you say of having a relapse could well be classed as good cause, and can obtain a fit note from your G.P. and submit it with GL24, then you should be entitled to assessment rate ESA, which would be the same amount as you would receive with a fresh claim.

There is a 12 week linking rule for fresh claims of ESA where two periods of LCW (unfit for work) will be linked together, therefore doing away with any waiting days.

Further, a fresh claim for ESA cannot be made until at least 6 months have elapsed since the date of any previous ESA decision, unless you can provide evidence that you now suffer from new conditions, or your existing conditions have deteriorated.

A GL24 can be downloaded from the link on this page :

How to submit an appeal

You should keep a copy of the GL24 and any other documents that you send. :

Sending Documents to the DWP or ATOS

See also:

How long do I have to appeal?

Do I have to attend WFIs while I appeal?

What will I be paid while I appeal?

From our :

Appeals FAQ’s

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

See also :

Qualifying for the WRAG

Qualifying for the Support Group

From our :

ESA FAQ’s

You may also wish to request a copy of The ESA85 Medical Report, as it appears that you had a face to face . There should also be an LT54.

This can be done over the phone, but if you have any trouble obtaining them, you can issue a SAR.

ESA medical – what forms to ask for?

ESA Forms

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

You should address any SAR, FAO The Data Controller, at the address of the Benefits Office/Centre dealing with your ESA.

Write DPA 1998 SAR on the front, top, left corner of the envelope.

Do not delay with your appeal if these documents have not arrived, you can always refer to them at a later date

You may also find this document helpful :

Disability Rights UK Factsheet - Appeals and reconsiderations

And this video :

MOJ Video of ESA Appeals Process and Tribunal

bro58

Thank you there is a lot to take in. I will try and bookmark this so I can refer to this.
I did not know that you can appeal up to 13 months after a decision, thought it was 28 days.
I don't understand the 12 week linking rule is there anything in the guides to explain and have I done the wrong thing by starting a new claim today for ESA with you mentioning six months have to lapse?

Karen wrote: Thank you there is a lot to take in. I will try and bookmark this so I can refer to this.
I did not know that you can appeal up to 13 months after a decision, thought it was 28 days.
I don't understand the 12 week linking rule is there anything in the guides to explain and have I done the wrong thing by starting a new claim today for ESA with you mentioning six months have to lapse?

Hi K,

Re : 12 week linking rule (It looks like this will not apply to you)
e.g. A claimant is in receipt of ESA, then tries to take up employment. 9 weeks later, claimant realises that they cannot carry on with the employment, or are dismissed due to their medical conditions.

As this has happened within 12 weeks of the ESA claim ending, the claimant can immediately receive ESA once more, as the two periods of LCW are linked together. If the employment had ended after 12 weeks, then a fresh claim for ESA would have been necessary.

If your fresh claim is within 6 months of the previous ESA decision, then it may not be accepted.

The advantage of appealing rather than making a fresh claim, is that, if successful, you will maintain any Transitional Protection as you were converted over from IS. With a fresh claim, all Transitional Protection is lost.

What will I be paid?

What will I be transferred to?

From our : IB, IS, SDA, Migration to ESA FAQ’s

As it appears that you were previously in receipt of IS, if your financial/personal situation has not changed, then you would be entitled to IR ESA.

There is no 365 day limit to payment of IR ESA, as there is with CB ESA :

12 Month Limit for ESA(CB)

bro58

Hi K,

Just to add, there is nothing to stop you making a new claim for ESA within six months of a failed one, even if there is no new or worsened condition.

It is just that you will not be paid on it, until the six months have elapsed, or you attend a WCA F2F.

bro58

Hi I contacted the DWP and appear to get different stories. Firstly they said The man was on income support which was stopped in March and that he was transferred to ESA but scored nil points so money was stopped.
I was then told by a different advisor that the mans benefit stopped in April when he last received a payment for incapacity benefit.
Before I wrote on here I assisted him to put in a new claim for ESA earlier this week so has he lost the right to appeal. Can he cancel the new claim and appeal instead or is it too late due to starting a new claim? If he can still appeal when does he need to get a sick note as I have read on the forum that GPs will not always backdate.
If he can appeal what could he get paid would it be incapacity or ESA assessment rate? This man has not had any money since April and has been living off his high dla.