New claims and sick notes

Hi,
Just a quick question,
It's now been over six months since the DWP's original decision that I was fit for work, am currently awaiting tribunal.
If I make a new claim now as I understand I can, would I have to get two sick notes or will one cover both claims?
Never heard of having to have two but just wanted to check.

Regards,
Anne

pussycat1961 wrote:

Hi,
Just a quick question,
It's now been over six months since the DWP's original decision that I was fit for work, am currently awaiting tribunal.
If I make a new claim now as I understand I can, would I have to get two sick notes or will one cover both claims?
Never heard of having to have two but just wanted to check.

Regards,
Anne

Hi PC1961,

If you are signed off as unfit for work, then the one "fit note" covers you.

However, regarding putting in a fresh claim for ESA whilst awaiting appeal of a prior adverse ESA decision, it is not as straightforward as you may think.

You will have to go through the WCA process again, and maybe have a new face to face assessment.

Further, you could have the scenario where you win your current appeal, but again fail the fresh ESA WCA.

It may be advisable to obtain face to face advice on this.

bro58

Hi Bro,

Thanks, I wasn't sure whether to re apply or wait and see what happens at the tribunal so think I will wait, I can always start a new claim if I fail the tribunal, is that correct?

Regards,
Anne

pussycat1961 wrote:

Hi Bro,

Thanks, I wasn't sure whether to re apply or wait and see what happens at the tribunal so think I will wait, I can always start a new claim if I fail the tribunal, is that correct?

Regards,
Anne

Hi PC1961,

You can make a fresh claim for ESA, if either 6 months has passed since the date of the original adverse ESA decision, or before that if your medical conditions have worsened/deteriorated, or been added to.

bro58

Hi Bro,
Yes I understand I can make a fresh claim because more than 6 months have passed but as you said, it may not be straightforward. Even if I win the tribunal, I know I'll still have more WCA assessments and have to go through the whole process again probably so easier just to take it one step at a time.

Thanks,
Anne

pussycat1961 wrote:

Hi Bro,
Yes I understand I can make a fresh claim because more than 6 months have passed but as you said, it may not be straightforward. Even if I win the tribunal, I know I'll still have more WCA assessments and have to go through the whole process again probably so easier just to take it one step at a time.

Thanks,
Anne

O.K. PC1961

I hope you gain a positive outcome in your appeal.

bro58