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ESA - resurect a claim?
- Jim123
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3 years 5 days ago #268146 by Jim123
ESA - resurect a claim? was created by Jim123
Hello - i have a mental health problem and claimed support group ESA for over two years. In september 2021 i stopped claiming ESA, i tried to work, and worked for short periods at three companies. My attempts to work failed and my GP on 3.3.2022, has given me a sick note for three months for psycosis.
Continuously from 2019 i have been under the mental health early intervention team and continously on mediction. My question is can a historic ESA claim be resurected or do i have to start again with a new esa application.
If i start a new esa claim will it fail because there has been a two year plus gap in NI contributions - will this then mean i have to go down the UC route
Best wishes - Jim
Continuously from 2019 i have been under the mental health early intervention team and continously on mediction. My question is can a historic ESA claim be resurected or do i have to start again with a new esa application.
If i start a new esa claim will it fail because there has been a two year plus gap in NI contributions - will this then mean i have to go down the UC route
Best wishes - Jim
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- Gary
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3 years 5 days ago #268175 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA - resurect a claim?
Hi Jim123
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Any two periods of limited capability for work that are seperated by no more than 12 weeks are treated as a single period. Therefore if you have to reclaim ESA within 12 weeks of a previous award, you will not have to serve any waiting days.
My understanding from your post is that it is more than 12 weeks since you last claimed, I would therefore advise you to seek help from your local Welfare Rights Organisation as you may have to go down the UC route, If you have to apply for UC then you need to do this as soon as possible as you would re-start the assessment phase. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Linking rules
Any two periods of limited capability for work that are seperated by no more than 12 weeks are treated as a single period. Therefore if you have to reclaim ESA within 12 weeks of a previous award, you will not have to serve any waiting days.
My understanding from your post is that it is more than 12 weeks since you last claimed, I would therefore advise you to seek help from your local Welfare Rights Organisation as you may have to go down the UC route, If you have to apply for UC then you need to do this as soon as possible as you would re-start the assessment phase. You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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