ESA re-application following a failed ESA appeal

[stalin's dead]

Can someone please clarify beyond doubt the question about when you can reapply for ESA following a failed appeal? It is 6 months after the appeal date itself or 6 months after a failed ATOS medical confirmation letter from the DWP stating fitness for work?

 

I have my appeal in 5 weeks and if I fail the last thing I want to do is apply for JSA!

 

The date of my failed ATOS medical was in Aug 2010 which is obviously over 7 months ago now so if i fail my ESA appeal can I immediately reapply for ESA?

 

Many thanks

[rightsforme]

It is 6 months after the decision of the failed medical so if tribunal is not successful you would be able to reapply straight away.

Make sure you read sticky on here and prepare supporting evidence so that tribunal overturns the decision so you don't have to go through the farce again. Good luck

[stalin's dead]

It is 6 months after the decision of the failed medical so if tribunal is not successful you would be able to reapply straight away.

Make sure you read sticky on here and prepare supporting evidence so that tribunal overturns the decision so you don't have to go through the farce again. Good luck

 

rightsF,

 

thanks for that mate,

 

much obliged

 

sd

[mandyjay]

Hiya I just wanted to say I really hope you win at the tribunal good luck... because Iv just failed my tribunal and was just told I can't claim jobseekers allowence because i cant work and I need to re- apply for ESA I could scream because they stopped my ESA last week and now say its ok to claim it. I feel Like they have done this so they don't have to pay my backdated money .. I hope you get someone who is really understanding and understands your illness I think that was my problem the man didn't understand my illness.

 

good luck

Mandy

[Mildly Diverting]

You wouldn't believe the relief I'm feeling from finding this forum. I lost my tribunal yesterday and had no idea what to do next - except to just accept that I'd have to sign on. Thankfully my medical was 5 months 3 weeks ago, so thanks for the knowledge that I can start again in a week! Also, thanks to all who gave advice in the stickied thread - I can see why I lost so convincingly now - I just ticked the boxes on the forms and tried to look like a normal human being at the medical. Silly, really.

[stalin's dead]

You wouldn't believe the relief I'm feeling from finding this forum. I lost my tribunal yesterday and had no idea what to do next - except to just accept that I'd have to sign on. Thankfully my medical was 5 months 3 weeks ago, so thanks for the knowledge that I can start again in a week! Also, thanks to all who gave advice in the stickied thread - I can see why I lost so convincingly now - I just ticked the boxes on the forms and tried to look like a normal human being at the medical. Silly, really.

 

can you keep us up to date with events mate

 

I have my tribunal in 4 weeks so how should i behave?! Should I act normal or downtrodden?

 

I know you can apply for ESA after 6 months but will they pay you any money when you do apply? The DWP may accept your ESA claim but is that the same as accepting it and paying you any money on submission of a sick note?

 

thanks

[honeybee13]

Hello and welcome to the forum. Well, you've found us now.

 

If you have any other questions now or later, just start a thread of your own and we'll do our best to help you.

 

My best, HB

[Mildly Diverting]

can you keep us up to date with events mate

 

I have my tribunal in 4 weeks so how should i behave?! Should I act normal or downtrodden?

 

Unfortunately I can't help there, as I was too ill to attend. From what I've read in the aforementioned sticky thread, is that preparation along the way is all. I don't think my attendance would have made the least bit of difference due to my not having any points from my medical (and I'd only be claiming for a few months - I sailed through the original medical), nor a letter from my actual, real-world GP.

 

This time, I'm going prepared!

[Mildly Diverting]

Hello and welcome to the forum. Well, you've found us now.

 

If you have any other questions now or later, just start a thread of your own and we'll do our best to help you.

 

My best, HB

 

Thank you very much

[Mildly Diverting]

I know you can apply for ESA after 6 months but will they pay you any money when you do apply? The DWP may accept your ESA claim but is that the same as accepting it and paying you any money on submission of a sick note?

 

thanks

 

Sorry, missed that bit. I'm assuming that if you reapply with a valid sick note that they have no choice other than to start the whole thing again. I'd be grateful if anyone could correct me if I've misunderstood that.

[RaeUK]

Yes, I can confirm that on failing your tribunal and reapplying for ESA it is seen as a fresh claim and you start all over again. I'm awaiting my second tribunal and have, effectively, been on the assessment rate continuously since November 2009 ...

Rae

[Mildly Diverting]

Yes, I can confirm that on failing your tribunal and reapplying for ESA it is seen as a fresh claim and you start all over again. I'm awaiting my second tribunal and have, effectively, been on the assessment rate continuously since November 2009 ...

Rae

 

Thanks for that very welcome info!

[mandyjay]

Hello everyone, today I was at the CAB they helped me fill out my new ESA form, I managed to get another sick note from my g.p so all the process is starting again... Hopefully by next week I will have some money...

Thankyou for all your help i'll keep you up to date with what happens..

Mandy .

[kayleym1]

Hi, Im new here. I just want to say thank you for all the info everybody has put up. I failed my Tribunal yesterday after the snobby Doctor didnt believe me. I sat there rolling his eyes at everything I said then looked down on me when I told him my mum and my partner (who I both live with) or out of work! I couldnt believe it! I asked at the end whether Id recieve information about what to do next if they dont award me ESA. The man who was on the legal side said Id recieve a letter and it will tell me everything I need to know in there. No such letter has arrived. Just their decision letter telling me they agree with the state (which is no big suprise after yesterday's interigation!) Iv been worried sick as to what to do know. The JSA have told me I cant claim them as I cant do a full day's work. Iv just been turned down for ESA. All this worry and panic is making me ill It's now July 2011, I had my medical March 2010 so Im assuming I can make a new claim for ESA. Iv read that this can only be done if you have a different illness. You cant claim on an illness you have already tried to claim for. Is this true? If so im screwed!!! How do i go about making a new claim? I was siging on at the time of my first claim. I just had to fill a form out and send it to somewhere within the JSA along with my sick note. As of yesterday Im not claiming anything. I really cannot go without money. There isnt enough coming into the household with my mum and partner out of work aswell. Im going to end up in all kinds of trouble with the company I have have debts with. I just dont know what to do. Can anybody PLEASE help me??

[Mildly Diverting]

Don't panic! I reclaimed with the same condition under the six month clause and have been paid ever since. New medical on Monday. Oh, the joy

[stalin's dead]

You can apply with the same condition just as long it is 6 months from the date of notification of your failed medical

[Nystagmite]

The JSA have told me I cant claim them as I cant do a full day's work.[/quote

 

This isn't actually quite true. I claim JSA and they are aware that I can't do a full days work. I think there is a lower limit (might be 16 hours) that you must be able to work. However, if you have a disability which affects your ability to work, you can ask that you only find jobs where you work x amount of hours.

[leemack]

Yes, you have to be willing to work at least 16 hours to claim JSA, and if you have a disability you can negotiate to restrict your hours to 16 or above if you have good cause.

[kayleym1]

It's very hard not to panic lol. When I was at JSA before trying to claim ESA, the man who I was signing with told me about a job. i couldnt him I wouldnt be able to do that because Iv just been diagnosed with an illness which prevents me from doing any work like that. He then said to me that "if I cannot do the jobs being offered then I cannot sign on. Simple as that!" I then had to go and see my advisor who told me the same thing. I dunno, maybe its just one less person claiming JSA. Can anybody tell me how I go about making a new claim please? Thank you so much guys

[leemack]

Get a med cert. Phone the claim line and complete the claim over the phone. Easy.

[kayleym1]

Iv just phoned the Benefit Enquiry Line and they've told me I cant re-apply for ESA until 6 months after the TRIBUNAL! Have they changed it?

[leemack]

No they haven't changed it, they're misinformed, try again, though you may have to wait until your old claim is closed or complete a paper claim.

 

Tell them its 6 months from the initial decision refusing you ESA, they should check with their supervisor, as they are contrvening social security law not allowing you to make a claim. Make sure you take their name at the start of call and note the time and date in case you need to complain later.

 

Link that may help:

 

http://www.cpag.org.uk/cro/wrb/wrb213/ESA.htm

Edited August 1, 2011 by leemack

[semayden]

Hi, Kelcou, I'm quoting two of your posts, and hope I've understood you right - but could you spell it out for me in no uncertain terms, lol! I have my tribunal on 1st December (oh, Christmas joy!) and I want to know that if I fail it can I walk straight out of the court and reclaim ESA at the basic rate, for the same condition, pending a further tribunal application/appeal?

 

I'm scared that if I'm failed I'll have to go straight across to JSA.

 

If I can re-claim ESA do I use the same form as before when I appealed my medical assessment? I think if was GL14 or something.

 

Thanks

 

Yes, I can confirm that on failing your tribunal and reapplying for ESA it is seen as a fresh claim and you start all over again. I'm awaiting my second tribunal and have, effectively, been on the assessment rate continuously since November 2009 ...

Rae

99% certain it is 6 months from the date of the [failed] medical. Hopefully someone more clued up than I can make that 100%. As soon as I failed my last tribunal I reapplied for ESA without problem and, if history repeats itself, will do so again ...

Rae

[Nystagmite]

I'm scared that if I'm failed I'll have to go straight across to JSA.

 

No. You can re-claim ESA. There's a 6 month rule - something about claiming for the same condition that hasn't changed.

[frank_begbie]

Hiya I just wanted to say I really hope you win at the tribunal good luck... because Iv just failed my tribunal and was just told I can't claim jobseekers allowence because i cant work and I need to re- apply for ESA I could scream because they stopped my ESA last week and now say its ok to claim it. I feel Like they have done this so they don't have to pay my backdated money .. I hope you get someone who is really understanding and understands your illness I think that was my problem the man didn't understand my illness.

 

good luck

Mandy

 

Now we get to the heart of the matter. They want to save money but they can't have people failing medicals and appeals then going onto JSA!

My God that'll push the unemployment figures through the roof!

 

"I know, we'll let them claim ESA again after 6 months, that way we still save lots of money. but the unemployment stays the same, or at least doesn't rise as much as it would.

Its a win win situation.":evil: