re applying for ESA

Could anyone tell me how long it would be before someone could re apply for ESA after being refused and losing their appeal.Also could they re apply even if condition had not worsened and would they go back onto assesment payment as before.Thank you peterth

Hi,

That's a bit of a hot potato at the moment with various different opinions about how the regulations should be interpreted.

The length of time is six months from when you have been found not to have limited capabilitry for work before you can apply for ESA and be placed in the assessment phase. but when the clock starts ticking - from the date of the decision or the date of the appeal decision or even the date of the decision to end your assessment phase after the appeal decision has been the subject of some dispute.

At the moment I'm afraid we can't give a definitive answer.

Steve

I'm not sure if it is addressed in this document esp. Section 9 Amendment of the Employment and Support Allowance Regulations 2008


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