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New claim ? or Existing claim ? Confused

  • emma72
  • Topic Author
12 years 2 months ago #81996 by emma72
Hi Everyone,
I recently wrote to the DWP asking for a reconsideration on my current situation.
I was placed in the WRAG on the day of my Tribunal, but since then my physical and mental health has deteriorated.
And i am hoping to be placed in the Support Group, as i qualify for the exceptional circumstances.
Would this be considered as a new claim, as my condition has deteriorated ? or would it treated as my existing one ?
Also, i was wondering whether i will still recieve CB ESA pay, while i'm appealing ?
Because my CB ESA will end in April, will i still recieve any payment, eg.. Assessment Rate ESA ?

Sorry to go on, but im extremely confused :huh:

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12 years 2 months ago #81998 by Gordon
Replied by Gordon on topic Re:New claim ? or Existing claim ? Confused
Emma

If you have asked the DWP to look at your claim because your condition has deteriorated, then it is called a SuperSession. A Reconsideration is where you ask the DWP to look at a Decision they have already made, again.

A SuperSession i will normally result in a new ESA50 to be issued with the possibility for a medical to be required.

In all cases, this is a continuation of your existing claim.

If you are receiving ESA(CB) and are in the WRAG then your entitlement will be limited to 12 months.

The proedures the DWP will use when the Time Limit comes into force are still not available in the public domain, so the following represents a best guess.

If you exceed the Time Limit while you are waiting for a Decision on your request for Suppersession (you are not appealing, and are not eligible for ESA(IR), then I would expect your ESA payments to cease as continuing payment would create a potential overpayment situation.

If you are placed into the Support Group, and the jury is still out as to whether this will make a difference, then payments would be re-instated and you would receive back payments to the date of the new Decision, not the date of your last ESA(CB) payment.

I know this is complicated, but I hope the above makes sense.

Gordon

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

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  • emma72
  • Topic Author
12 years 2 months ago - 12 years 2 months ago #82007 by emma72
Replied by emma72 on topic Re:New claim ? or Existing claim ? Confused
Thankyou for your help, im not finding this easy to deal with :huh:
I havent been sent an ESA50 to complete this time ?
they have accepted a letter and supporting evidence, although i did ask them to send any relevant forms to be completed.
They recieved my supporting evidence on 6th Feb 2012, and told me they would re assess my claim.
Not heard anything since then.
Last edit: 12 years 2 months ago by Gordon.

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12 years 2 months ago #82008 by Gordon
Replied by Gordon on topic Re:New claim ? or Existing claim ? Confused
Good luck

Gordon

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

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  • emma72
  • Topic Author
12 years 2 months ago - 12 years 2 months ago #82009 by emma72
Replied by emma72 on topic Re:New claim ? or Existing claim ? Confused
Many Thanks :)
Last edit: 12 years 2 months ago by Gordon.

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