Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder rose48 Novitiate

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    Default Can I claim ESA again?

    i am new to this site , i have just read through alot of peoples mssgs and carnt believe how helpful they are ... i had to appeal against my medical assesment , all i can say is it was awful .. i have been on jsa since march last year as i didnt have enough points for esa after my 2nd appeal feb 2010.... but really need to go back on esa as i have a on going back problem which was the problem b4 , i need to ask if i can apply for esa agan with the same problem as i have not been on esa for nearly a year , i asked at job centre and they said only if it was a diffrent illness could i apply ???? but see that some of you are saying its 6 months , its so confusing and depressing when u have a medical problem and basically told by the appeal board its not bad enough , please could someone let me know .... thanks....


  2. #2
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    Default Re: Can I claim ESA again?

    Hi rose48.

    The 6 month rule applies to payment of ESA, not the claim in itself. If someone claims again within 6 months of the decision with the same condition, payment may not be made until after an assessment. Payment would only be made if the person presented with a new condition or there has been a significant deterioration in the original condition.

    As it is more than 6 months since the decision, you can apply again with the same condition and will be paid. The jobcentre appear to have misunderstood the law. If this misinformation has prevented you from claiming, you should complain and seek redress, particularly if that misinformation has created financial hardship.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
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  3. #3
    Basic Account Holder rose48 Novitiate

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    Default Re: Can I claim ESA again?

    thankyou for this reply , yes the jobcentre was wrong , i will now apply and see what the outcome is , thanks again for ur advise .....



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