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re-starting a claim for ESA

  • susan
  • Topic Author
13 years 5 months ago #35763 by susan
re-starting a claim for ESA was created by susan
Hello everyone, I have just joined this site and hope someone can help me with a specific problem. Between mid-2009 and mid-2010, I applied for ESA, had my medical assessment (at which I believe I was NOT asked one of the vital questions), was turned down (but did get 12 points), and then started an appeals process.
But in the end because I was in pain from RSI and suffering from depression I couldn't face dealing with the appeals tribunal and let things lapse (stupid of me I know).
As a result I am now on JSA and am having to say I'm fit for for work when I'm not. Meanwhile my RSI condition has deteriorated.
My question is, is it possible to go back and re-apply for ESA? If so, how would I go about it?
Thanks in advance for any help.

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13 years 5 months ago #35780 by Gordon
Replied by Gordon on topic Re:re-starting a claim for ESA
As far as I aware the rules for ESA are that you must wait for six months from a previous decision before making a new claim for ESA.

However, if you can demonstrate that your condition has deteriorated, which from what you have said, you can, then you can re-apply before then.

The simplest way to start a claim is to phone the DWP on 0800 055 6688.

Hope this helps

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • susan
  • Topic Author
13 years 5 months ago #35791 by susan
Replied by susan on topic Re:re-starting a claim for ESA
Thanks Gordon, I wasn't sure I would be allowed to re-claim at all. I'll give it a go and let everyone know how I get on in case there's anyone else in the same position.

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  • youngsteptoe
13 years 5 months ago #35798 by youngsteptoe
Replied by youngsteptoe on topic Re:re-starting a claim for ESA
hi everbody.

just to clarify this.does the six month rule apply
from the date of the h.c.p report.the date of the
original dm decision.or from the dm reconsideration
or from the date of the tribunal hearing.

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13 years 5 months ago #35818 by Gordon
Replied by Gordon on topic Re:re-starting a claim for ESA
youngsteptoe

It is from the date of the original decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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