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when can i claim ESA again?


gazferry1960
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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

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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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^^^ 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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