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appealing, do I also need to make fresh claim?

  • dragonfly
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11 years 7 months ago #89846 by dragonfly
Hi, I am appealing a decision not to grant me ESA (claimed early June) because I didn't get enough points at a WCA back in March. My GP is supporting my case as my condition is much worse now than when I had that WCA months ago, which is why I claimed again in June. I've prepared the appeal form but should I also be submitting a fresh ESA claim on the ESA50 form? I hope someone can help as I am incredibly anxious about this. I don;t want the fresh claim to je0pardise my appeal but if the appeal fails is it better if I have a fresh claim in the pipeline?

Drgaonfly

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11 years 7 months ago #89848 by slugsta
Be aware that a fresh claim would limit the lenght of any tribunal decision. This might be an occasion where you need individual advice

Where to get advice

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

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  • dragonfly
  • Topic Author
11 years 7 months ago #89850 by dragonfly
Thank you. I don't really understand about the length of the tribunal decision. Will try to get advice anyway.

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11 years 7 months ago #89855 by slugsta
The tribunal decision will date from when the first, adverse, decision was made. It will last until you are reasessed. If you have started a new claim then that might mean that you are assessed sooner than you otherwise would have been.

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