WHAT DO I DO NOW? I'M AT THE END OF MY TETHER

Hi Jennifer

Sorry to hear of your plight.

You can apply to the tribunal to 'set aside' the decision on the grounds that you were unable to attend. Bear in mind that you have one month from the date you were sent the decision notice and applications to set aside are usually decided without a hearing, so it's important that you give full details of your reasons in a letter and any proof you have that you informed them that you were unable to attend.

Your housing benefit will have been suspended if you were claiming it as a result of claiming income based ESA. You should inform the Council of a change in circumstances (ESA stopped) and tell them that you wish to continue claiming. They will ask for information about income and savings to confirm that you still qualify.

You can make a fresh claim for ESA and should be paid from the date of claim provided that six months have elapsed since the adverse DWP decision that you appealed.

Please try to seek face-to-face advice if you can.

Best of luck

Derek

AS a matter of interest - is there a time restriction between a unsuccessful DLA tribunal to starting a new claim?

Roseleen wrote:

AS a matter of interest - is there a time restriction between a unsuccessful DLA tribunal to starting a new claim?

The short answer to that R is "no".

cheers

bro58

bro58 wrote:

Roseleen wrote:

AS a matter of interest - is there a time restriction between a unsuccessful DLA tribunal to starting a new claim?

The short answer to that R is "no".

cheers

bro58

Hi R, I should just add that the claimant must have suffered with the limitations / disabilities/needs, for 3 months previous to the date of the fresh claim, and is expected to suffer the same for at least 6 months after the date of the claim.

bro58

Not Sure, But - you may be able to claim a Hardship Provision with form JSA10