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appealing, do I also need to make fresh claim?
- dragonfly
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12 years 6 months ago #89846 by dragonfly
appealing, do I also need to make fresh claim? was created by dragonfly
Hi, I am appealing a decision not to grant me ESA (claimed early June) because I didn't get enough points at a WCA back in March. My GP is supporting my case as my condition is much worse now than when I had that WCA months ago, which is why I claimed again in June. I've prepared the appeal form but should I also be submitting a fresh ESA claim on the ESA50 form? I hope someone can help as I am incredibly anxious about this. I don;t want the fresh claim to je0pardise my appeal but if the appeal fails is it better if I have a fresh claim in the pipeline?
Drgaonfly
Drgaonfly
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- slugsta
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12 years 6 months ago #89848 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:appealing, do I also need to make fresh claim?
Be aware that a fresh claim would limit the lenght of any tribunal decision. This might be an occasion where you need individual advice
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Where to get advice
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- dragonfly
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12 years 6 months ago #89850 by dragonfly
Replied by dragonfly on topic Re:appealing, do I also need to make fresh claim?
Thank you. I don't really understand about the length of the tribunal decision. Will try to get advice anyway.
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12 years 6 months ago #89855 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:appealing, do I also need to make fresh claim?
The tribunal decision will date from when the first, adverse, decision was made. It will last until you are reasessed. If you have started a new claim then that might mean that you are assessed sooner than you otherwise would have been.
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