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refused ESA told if i appeal it will take 10 month

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13 years 1 month ago #76093 by pamela
before the appeal is held.
This is on behalf of 2 friends a married couple who recieve no other income.

Please can some-one advise when and if they can put a new claim in for ESA and i know for a fact they ticked one of the boxes incorrectly which ticking correctly they would have fitted one of the support criteria.There doctor said she will fully support them.£67 pw for a couple is not enough for them to live off and pay there bills.
Please can any-one advise.

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13 years 1 month ago #76101 by Crazydiamond
Can you please confirm who has failed the work capability assessment as the heading of your thread would seem to imply that it refers to yourself, but in the body of your post it appears that the enquiry is made on behalf of friends?

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13 years 1 month ago #76119 by pamela
Sorry CrazyDiamond,it's my friend whose failed the WCA with no points.They're in a very anxious state.I am looking to help them with DLA claim which he could be entitled to.
It appears that he could claim for his wife if on JSA but is still not capable of work as he has health problems.

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13 years 1 month ago #76127 by Crazydiamond
Your friend can claim ESA again once 26 weeks has elapsed from the date of the adverse decision. However, if there has been a significant deterioration in health since the date of the decision or a new condition has emerged, a further claim can be submitted immediately.

Incidentally, the ESA assessment rate pending an appeal is £105.95 for a couple, and not £67.50 which is the rate for a single claimant

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13 years 1 month ago #76130 by pamela
Thank you for your advice,ONLY the man of the couple is claiming ESA[he was on IB]his wife was written to in 2005 after paying full contributions and working fulltime for 4 years she was told she was not entitled to claim anything,made redundant Mar 2005 and was rushed into hospital and in a coma for weeks.They have been living off just under £100pw and have no savings.

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13 years 1 month ago #76132 by Gordon
pamela s wrote:

Thank you for your advice,ONLY the man of the couple is claiming ESA[he was on IB]his wife was written to in 2005 after paying full contributions and working fulltime for 4 years she was told she was not entitled to claim anything,made redundant Mar 2005 and was rushed into hospital and in a coma for weeks.They have been living off just under £100pw and have no savings.

Your friends need to speak to their local CAB or Welfare Rights office.

They may be eligible for other benefits such as Housing and Council Tax benefits.

Gordon

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