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Lost my ESA appeal now what


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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

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Hello and welcome to CAG. :)

 

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

Illegitimi non carborundum

 

 

 

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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?

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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

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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.

Edited by RaeUK
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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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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:roll:

 

We are not amused :razz:

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