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.

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  1. #1
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    Default Lost my ESA appeal now what

    Hello All, I am new to this forum. I went to my tribuanl last week unfortunately the decision came back has failed. but I am in a conundrum on what to do now... I know i can make a claim for JSA however, i don't believe i am fit enough to work. I have congenital Scoliosis which is a large curvature of the spine. So if i cliam how can i look for work?
    Secondly, i hope somebody can clarify this me. Can you can make a fresh claim for ESA if it has been six months from when the original decision was made? This at the medical with ATOS not the tribunal date. If i make a new ESA claim why would i be successful this time around when i failed last time? Or, is there any other benefits i can claim? I am claiming DLA which helps but of course i need some other income so any advice i would really appreciate it! Especially if you gone through a similiar experience.

    Thank You


  2. #2
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    Default Re: Lost my ESA appeal now what

    Hello and welcome to CAGicon.

    I expect you'll have some replies later. I think the system may have changed recently, although I'm not completely clear myself, and it may be 6 months from the tribunal decision that you can reclaim.

    I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.

    Hopefully the guys will tell you more when they're able to get here.

    My best, HB

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  3. #3
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    Default Re: Lost my ESA appeal now what

    And here's a link to a website where you can input your details anonymously and check what benefits you could be able to claim.

    http://www.turn2us.org.uk/benefits_search.aspx

    HB

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  4. #4
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    Default Re: Lost my ESA appeal now what

    Quote Originally Posted by honeybee13 View Post

    I think I'm right in saying that some people here have claimed JSA and their adviser has realised that they're not fit to work.
    Yes, have heard of people where that's happened.

    Are you a lone parent or a carer?


  5. #5
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    Default Re: Lost my ESA appeal now what

    Thanks Honeybee for the link. Can anyone tell me the rules please regarding making a new claim for ESA? I have look on Google and i am still uncertain if it is six months from the original decision or six months from the tribunal date.
    No, Nystagmite i am not a lone parent or carer. If it is six months tribunal i dont know what i am going to do because i am incapable of working so why claim JSA. I am little bit in the dark. Is there anyone i can talk too? Please offer me some advice thank you


  6. #6
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    Default Re: Lost my ESA appeal now what

    YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.

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    Default Re: Lost my ESA appeal now what

    Thank you for the clarification Raeuk. I will submit my new claim.


  8. #8
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    Default Re: Lost my ESA appeal now what

    Do be aware, although it is quite rare, sometimes the DWP call staff aren't aware of the exact time period. Any problems and I'll post up the link to the relevant document ...


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    Default Re: Lost my ESA appeal now what

    Quote Originally Posted by RaeUK View Post
    YES put in a fresh claim for ESA. The six month clock starts to tick from the date you failed your ATOSH medical NOT the date of the Tribunal. To date, there has been no information that this has changed.
    Quite correct

    I find it quite strange that a post here claimed that the 6 month rule had changed and that it was from "informed sources". Since there was nothing nowhere on the DWP's website nor any other reliable advice website... which quite frankly something of that magnitude would have caused quite a storm. Nor did the original poster ever post back when asked to clarify their sources. Even more amazingly over on MSE a post appeared stating the exact same thing but this time referenced to posting on here.

    The only conclusion is that they were a WUM and a TROLL looking for a bit of twisted fun making disabled people panic

    We are not amused


  10. #10
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    Default Re: Lost my ESA appeal now what

    Indeed, sf, indeed ...


  11. #11
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    Default Re: Lost my ESA appeal now what

    Well it's seriously confused me, guys. Mind you, that's not hard.

    HB

    Illegitimi non carborundum.

    Please consider making a small donation to help keep this site running
    Click here to donate through PayPal (opens in a new window)

    If you are asked to deal with any matter via private message, PLEASE report it.

    IB/ESA Tribunal template successes [that I know about]:
    honeybee13 April 2008; brighton gal January 2010 ; cbbc May 2010 lee100 September 2010 HadEnough October 2010 nitelite February 2011 Pritti March 2011
    Nottingham1989 [with leemack] June 2011
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