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ESA second time claim, disclaimed, 2015 new law!
- zaza45
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6 years 8 months ago #194339 by zaza45
ESA second time claim, disclaimed, 2015 new law! was created by zaza45
I wonder if anyone come x with a situation , they disqualify you for the second time , means 0 points in assessment for the second time or I would say 9 points and entitled to ESA after 0 points for the period of 18 months officially back to assessment again and 0 point again and going through the procedure of mandatory reconsideration then the appeal payment been stopped etc.,, taking the case to court by appealing so the court responded after a week or so accepting my appeal and the rent is fixed but waited like usual to get the payment nothing happened two weeks later we decide to call and the answer was : you are not entitled to payment reason is : this is the second time refusal so you won’t get paid , the only option left for you is to claim JSA and wait for your appeal by the time you’ll be seen by judges.
Know, what the best approach for me do I have to claim with ‘’extend period of sickness’’? or claim again ESA? Thank you. need answer as soon as possible please!
Know, what the best approach for me do I have to claim with ‘’extend period of sickness’’? or claim again ESA? Thank you. need answer as soon as possible please!
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- Gordon
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6 years 8 months ago #194349 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA second time claim, disclaimed, 2015 new law!
zahia
I'm afraid the law was changed some time ago to limit repeat claims for ESA, as you have failed two ESA assessments you are now affected by this.
You are not entitled to the ESA Assessment rate while you wait for a your appeal hearing, the only benefit available to you is either JSA or UC depending on where you live. If you have not claimed JSA before then you are entitled to a 13 week period of extended sickness, you will need to provide a Fit Note to cover the period, do not present this until your JSA claim is accepted and in payment. The rules for UC are different and you will need to liaise with your JC+ advisor.
Gordon
Any new claim for ESA will likely be rejected unless you can show a new or deteriorated condition likely to result in an award, however, you may not receive payment even if your new claim is accepted until a Decision is made on it.
Gordon
I'm afraid the law was changed some time ago to limit repeat claims for ESA, as you have failed two ESA assessments you are now affected by this.
You are not entitled to the ESA Assessment rate while you wait for a your appeal hearing, the only benefit available to you is either JSA or UC depending on where you live. If you have not claimed JSA before then you are entitled to a 13 week period of extended sickness, you will need to provide a Fit Note to cover the period, do not present this until your JSA claim is accepted and in payment. The rules for UC are different and you will need to liaise with your JC+ advisor.
Gordon
Any new claim for ESA will likely be rejected unless you can show a new or deteriorated condition likely to result in an award, however, you may not receive payment even if your new claim is accepted until a Decision is made on it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- zaza45
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6 years 8 months ago #194357 by zaza45
Replied by zaza45 on topic ESA second time claim, disclaimed, 2015 new law!
thank you Mr gordon , so if I claim JSA with a 13 weeks , will the appeal be in time by the 13 weeks ? thank you
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- slugsta
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6 years 8 months ago #194376 by slugsta
Waiting times vary from 2-3 months upwards.
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Replied by slugsta on topic ESA second time claim, disclaimed, 2015 new law!
zahia wrote: thank you Mr gordon , so if I claim JSA with a 13 weeks , will the appeal be in time by the 13 weeks ? thank you
Waiting times vary from 2-3 months upwards.
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- Gordon
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6 years 8 months ago #194377 by Gordon
It's possible that you might have your hearing within the 13 weeks but it could easily take the DWP another 8 weeks to put any award into payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA second time claim, disclaimed, 2015 new law!
zahia wrote: thank you Mr gordon , so if I claim JSA with a 13 weeks , will the appeal be in time by the 13 weeks ? thank you
It's possible that you might have your hearing within the 13 weeks but it could easily take the DWP another 8 weeks to put any award into payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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