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 gazferry1960 Novitiate

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    Default when can i claim ESA again?

    HI all
    I made a claim for ESA jan 2012, got the fit for work decision mar/april 12
    Appealed this and finally got tribunal date for march 11 2013
    I withdrew the tribunal and got my gp to sign me fit for work as i had no expectation of winning tribunal (i have anxiety) i signed on for JSA 8 march 2013
    My question is When will i be able to claim ESA again as im finding JSA really tough (to be honest ridiculous with all the things you have to do now)
    Is it 6 months from the medical decision I:E march 2012 (Which is well over 6 months) or is it 6 months from my sign off date which was 7 march 2013 (just last week)

    many thanks in advance

    gary


  2. #2
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    Default Re: when can i claim ESA again?

    6 months from the date of the decision. Unless your condition has changed.


  3. #3
    Basic Account Holder gazferry1960 Novitiate

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    Default Re: when can i claim ESA again?

    many thanks
    thats why i withdrew the tribunal because i think you have to wait at least 6 months if the tribunal deems you fit for work.
    So i can sign back onto ESA now
    thanks

    gary


  4. #4
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    Default Re: when can i claim ESA again?

    Quote Originally Posted by gazferry1960 View Post
    many thanks
    thats why i withdrew the tribunal because i think you have to wait at least 6 months if the tribunal deems you fit for work.
    So i can sign back onto ESA now
    thanks


    gary
    Yes, you can claim ESA now, but note for future reference that even if a tribunal finds you fit for work, the six month clock starts with the original decision date, not the date of the tribunal hearing.

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    Default Re: when can i claim ESA again?

    ^^^ worth underlining. Sorry, gazferry, you should have stuck with the Tribunal. You may have won - and many people do - however now you definitely have to start all over again. If - and I sincerely hope it doesn't - it goes towards Tribunal again, go for it. If you are medically unfit for work this is your only option.



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