× Members

claiming ESA

More
12 years 4 months ago #72850 by margym
claiming ESA was created by margym
Hi there.
I recently applied for ESA with a medical certificate for depression and anxiety, I did not realise that ATOS would then only assess me acording to the reason on my certificate. The thing is that I have physical illnesses that are contibuting to my depression.
Should I now get a new medical certificate for the physical problems as well as my dpression and then re-apply for ESA so that I can be assesed again taking into consideration all these issues affecting me?
Hope some-one can help me please.
Margym

Please Log in or Create an account to join the conversation.

  • Survivor
12 years 4 months ago #72853 by Survivor
Replied by Survivor on topic Re: claiming ESA
If you have been refused ESA, you can only make a fresh application if either six months have elapsed or your condition has worsened or you have developed a new condition.

If you have been refused ESA and believe that the decision is the wrong one, the correct course of action is to appeal the decision.

The appeal needs to be made on a form GL24 within a month of the decision to refuse you ESA. You will find a detailed guide to appealing in the members' area.

Please Log in or Create an account to join the conversation.

More
12 years 4 months ago - 12 years 4 months ago #72859 by Crazydiamond
Replied by Crazydiamond on topic Re:claiming ESA
margym wrote:

Hi there.
I recently applied for ESA with a medical certificate for depression and anxiety, I did not realise that ATOS would then only assess me acording to the reason on my certificate. The thing is that I have physical illnesses that are contibuting to my depression.
Should I now get a new medical certificate for the physical problems as well as my dpression and then re-apply for ESA so that I can be assesed again taking into consideration all these issues affecting me?
Hope some-one can help me please.
Margym


It is conceivable that your physical problems could be classed as a 'new' condition, as I assume that they were never put in issue on the ESA50 and therefore at the medical assessment?

If this is the case you can submit a further claim for ESA within six months of the original decision. However, if the physical conditions were put in issue at the medical assessment and the ADA disregarded them, this would certainly be grounds for appeal in which case you should proceed as Survivor's previous post.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 4 months ago by Crazydiamond. Reason: Additional information.

Please Log in or Create an account to join the conversation.

More
12 years 4 months ago #72895 by margym
Replied by margym on topic Re:claiming ESA
Thanks to you both for your answers. I did mention the dizzy spells in the first issue even though it was never brought up at the medical.
I was awarded 6 points so I have gone on to appeal.
My failed knee operation has gone on to affect my hip and my back which is a new condition.
Bit complicated but situations do change don't they? trouble is I don't know what to do.
Do you think I should wait 6 months from my fist failed ATOS appointment?
Thank you so much for any input I really do appreciate it.
Margym

Please Log in or Create an account to join the conversation.

More
12 years 4 months ago #72897 by Derek4
Replied by Derek4 on topic Re:claiming ESA
Hi Margym

Atos and the DWP have to consider all the evidence presented to them. They should consider everything you wrote on your ESA50 medical questionnaire as well as your GP's sick notes.

If you were awarded 6 points and found fit for work you have nothing to lose by appealing, which you have already done. So you can simply pursue your appeal.

Are you still being paid ESA at assessment rate since you lodged your appeal?

Derek

Please Log in or Create an account to join the conversation.

More
12 years 4 months ago #72925 by margym
Replied by margym on topic Re:claiming ESA
Hi Derek
Yes I am getting theassessment rate although I read that te coalition are thinking of scrapping that allowance. That thought has kept me awake at night it's very scary.
I did not mention my knee and back on the ESA50 I tend to get rather confused at times....
Margym

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.