- Posts: 51076
× Members
ESA RECLAIM
- scooby
- Topic Author
13 years 2 months ago #47007 by scooby
ESA RECLAIM was created by scooby
Help desperately needed, can you reclaim ESA is there a limit on this my last payment was 6 weeks ago and i was in the process of appealing my medical decision however shamefully i gave up in a moment of desperation and closed the appeal. I now dont know what to do, i am currently signed of and have a current sick note.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
13 years 2 months ago #47010 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA RECLAIM
scooby
Under normal circumstances you cannot re-apply for ESA until six months has elaspsed from the date of the decision that found you fit for work, the one you appealed against. The only exception to this is if you can show a deterioration in your condition, or a new condition that would limit your capability to work.
You are eligible to claim JSA, however, you would need to actively see work. Unfortunately your Fit Notes count for nothing at this time as the DWP has declared to capable of work.
Gordon
Under normal circumstances you cannot re-apply for ESA until six months has elaspsed from the date of the decision that found you fit for work, the one you appealed against. The only exception to this is if you can show a deterioration in your condition, or a new condition that would limit your capability to work.
You are eligible to claim JSA, however, you would need to actively see work. Unfortunately your Fit Notes count for nothing at this time as the DWP has declared to capable of work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Derek4
- Offline
Less More
- Posts: 2521
13 years 2 months ago #47012 by Derek4
Replied by Derek4 on topic Re:ESA RECLAIM
Hi Scooby
When did you withdraw your appeal?
You can apply to have it reinstated within one month from the date that the tribunal received notice of your withdrawal.
Derek
When did you withdraw your appeal?
You can apply to have it reinstated within one month from the date that the tribunal received notice of your withdrawal.
Derek
Please Log in or Create an account to join the conversation.
- scooby
- Topic Author
13 years 2 months ago #47067 by scooby
Replied by scooby on topic Re:ESA RECLAIM
I withdrew the appeal just over a week ago, so how do I go about getting it reinstated I am so ashamed of giving up like that it just all got so overwhelming.
Please Log in or Create an account to join the conversation.
- Derek4
- Offline
Less More
- Posts: 2521
13 years 2 months ago - 13 years 2 months ago #47071 by Derek4
Replied by Derek4 on topic Re:ESA RECLAIM
Hi Scooby
You can apply in writing to the tribunal for your appeal to be reinstated, no more than one month after they received notice of the withdrawal.
I'm not sure whether it's an automatic right to have it reinstated or whether you have to give reasons, so it may be safe to explain that you withdrew due to stress, pressure, feeling overwhelmed or however you would describe it, and ask if it could be reinstated. Don't forget to quote your tribunal reference number (which you will find on all correspondence) and your NI number to help them identify the case.
Good luck, and please let us know the outcome.
Derek
You can apply in writing to the tribunal for your appeal to be reinstated, no more than one month after they received notice of the withdrawal.
I'm not sure whether it's an automatic right to have it reinstated or whether you have to give reasons, so it may be safe to explain that you withdrew due to stress, pressure, feeling overwhelmed or however you would describe it, and ask if it could be reinstated. Don't forget to quote your tribunal reference number (which you will find on all correspondence) and your NI number to help them identify the case.
Good luck, and please let us know the outcome.
Derek
Last edit: 13 years 2 months ago by Derek4. Reason: rephrase
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris