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11 years 2 weeks ago - 11 years 2 weeks ago #100760 by wispafish
Queries was created by wispafish
I have my tribunal coming up. I was wondering if they find me fit for work i suppose i will have to claim jsa. But when can i reapply for esa. I have a new condition that was diagnosed a 2 months ago but i cannot include this with this tribunal which i have been waiting for since last july. Im worried the tribunal as there as been no medical evidence for my consultants and my gp wants to charge me so that out the question.
Last edit: 11 years 2 weeks ago by bro58.

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  • bro58
11 years 2 weeks ago - 11 years 2 weeks ago #100765 by bro58
Replied by bro58 on topic Queries

wispafish wrote: I have my tribunal coming up. I was wondering if they find me fit for work i suppose i will have to claim jsa. But when can i reapply for esa. I have a new condition that was diagnosed a 2 months ago but i cannot include this with this tribunal which i have been waiting for since last july. Im worried the tribunal as there as been no medical evidence for my consultants and my gp wants to charge me so that out the question.


Hi w,

If you are unsuccessful at your appeal hearing, you can make a fresh claim for ESA straight away if it has been more than 6 months since the adverse decision. (which seems to be the case as you cite July 2012)

If you have been diagnosed with new conditions, and can provide evidence of this from your G.P. etc, there is no time limit on when you can make a fresh ESA claim.

bro58
Last edit: 11 years 2 weeks ago by bro58.

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11 years 2 weeks ago - 11 years 2 weeks ago #100767 by wispafish
Replied by wispafish on topic Queries
Thanks bro, Shall i make a request for review now before the actual tribunal or do i just wait and see what happens there.
Last edit: 11 years 2 weeks ago by bro58.

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  • bro58
11 years 2 weeks ago #100769 by bro58
Replied by bro58 on topic Queries

wispafish wrote: Thanks bro, Shall i make a request for review now before the actual tribunal or do i just wait and see what happens there.


Hi w,

You could do that, but the implications are that if the Tribunal finds in your favour, their "Remade" decision would only run from the date of the adverse decision that you have appealed (July 2012 ?) to the date of any superseding decision as a result of such a review.

Therefore, there could be a scenario where you received a less favourable decision as a result of the review, and the more favourable decision given by The Tribunal, (if that were the case) would only run up to the date of the decision as a result of the review.

bro58

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