ESA re-application following a failed ESA appeal

[semayden]

-

 

 

semayden

 

6 months must have passed from the ending of your old claim to the start of your new claim. That is the most important thing to note. If this requirement as been satisfied then call the DWP and say you'd like to make a fresh application for ESA. They can't refuse your claim if the 6 month rule as been satisfied. You are treated like any other new ESA claimant. Of course you have to submit doctors notes to cover the period of application until you are, assuming you are, successful in your claim.

 

I appealed my first claim and lost the appeal. They stopped my money a week after the appeal date but the 6 month rule had been satisfied so I called the DWP, made a fresh claim asap and submitted doctors note.

 

Good luck

 

6 months must have passed from the ENDING of the old claim to the STARTING of the NEW claim? Help, wouldn't that mena I would have to wait for 6 months following a failed tribunal before I could claim again? Or did you mean I have to satisfy the 6 month rule from the starting of my first claim to the starting of my second claim?

[stalin's dead]

I'll make it easy for you with an example

 

You make a new ESA claim on the 01/01/2011

Following the usual WCA medical with ASOS you are turned down for ESA on the 01/04/2011

You appeal using a GL24. The appeal takes as long as it takes and you lose the appeal

You then can only make another ESA claim on the 01/10/2011

 

It is that simple for the same condition

 

try righsnet.org.uk

[semayden]

Hi S.D. Thanks. So I do need to use GL24. Should I get them to post it out now so I'm ready to go on the morning of the 2nd Dec!!! I thought you could do a claim over the phone or am I wrong? Mind you, I need to send fresh sicknote so may as well do form.

[Nystagmite]

I think you can download the GL24 online too. I think you don't need to appeal using the GL24 - but you must make it clear that you're appealing.

[semayden]

No point in downloading GL24 as don't have printer. Mind you, could download it to memory stick and go into uni library to print off. That would save a long drawn out phone call!

[stalin's dead]

sem

 

you don't need a GL24 form. Simply write out or type your appeal explaining why you're appealing and write at the top of the letter 'GL24. Appeal against DWP decision to refuse my application for ESA'..once this is submitted you will receive the same rate of ESA you're getting now until your actual appeal. If you fail to submit sick notes your benefit payments will stop immediately

[semayden]

Ok (gulp) I think I've got everything in place and understood in preparation for tribunal on 1st Dec.

 

One thing does still bother me, although I'm probably being over-fussy. My next ESA payment is due to go into my bank the day after the tribunal takes place. If I'm not successful, do you think that particular payment will carry on going into my account?

 

Otherwise, I know to have next claim form and sick note ready (got doc. appt. in for 2nd Dec - the day after tribunal) to post off, so hopefully there won't be a break in my ESA?

[stalin's dead]

Sem

 

In my experience you will receive your payment. I suspect that they stop your ESA or become un-entitled to it the day after the tribunal should you fail it. This is what happened to me anyway

 

good luck

[semayden]

SD, that's what I'm worried about. The Tribunal is at 2.30 on the 1st Dec. My next ESA is due the day after. Even if I fail the Tribunal, surely they won't stop that particular payment going through - but would stop subsequent ones if I failed to re-claim with sick note?

[stalin's dead]

Sem

 

They won't stop your payment for the period ending 2nd Dec. but if your appeal is dismissed then they will terminate your ESA claim. It is that simple. They will terminate your claim to ESA. You can then either reapply for ESA (assuming you fulfill the 6 month criteria) or you can apply for JSA but remember to submit sick-notes once you submit your new claim for ESA or else you'll receive nothing at all and then you'll be forced to claim JSA

 

good luck

[semayden]

Sem

 

They won't stop your payment for the period ending 2nd Dec. but if your appeal is dismissed then they will terminate your ESA claim. It is that simple. They will terminate your claim to ESA. You can then either reapply for ESA (assuming you fulfill the 6 month criteria) or you can apply for JSA but remember to submit sick-notes once you submit your new claim for ESA or else you'll receive nothing at all and then you'll be forced to claim JSA

 

good luck

 

Good about not stopping my claim for period ending 2nd Dec. Oh, don't worry SD. I have appt already booked with G/P (for 2nd Dec) and he is primed for sick note and we will send claim straight off in the post on that Friday 2nd Dec. if I am failed at tribunal. Yes, I was refused in writing based on Atos over 7 months ago.

 

I suppose I will have to wait and see exactly why they refuse me (if they do) before I can pen my new claim...

[Nystagmite]

I seem to remember that ESA is paid in arrears; so the money you get the day after the tribunal, is for 2 weeks prior.

[semayden]

Hope it is N You mean like JSA where you're paid for having looked for work the previous fortnight and then declaring it? It gets confusing with ESA 'cos we don't sign.. Makes sense that ESA should be in arrears I suppose?

[Nystagmite]

Hope it is N You mean like JSA where you're paid for having looked for work the previous fortnight and then declaring it? It gets confusing with ESA 'cos we don't sign.. Makes sense that ESA should be in arrears I suppose?

 

Yeah, I seem to remember that most benefits are paid in arrears.

[keldas]

If you don't like what the Government are doing re ESA and cuts etc then help fight back. Sign the save disabilities and services petition supported by carewatch and a number of other organisations -

 

http://carerwatch.com/reform/

 

4709 people have signed it in the first two weeks so please sign and try and get something done, don't be so defeatist -

 

http://epetitions.direct.gov.uk/petitions/20968

[semayden]

Ok guys!!! I have my tribunal tomorrow (Thursday) at 2.30pm. Please wish me luck. The lawyer (to my complete suprise) told me she thought we stood a chance of getting me through to one of the ESA components, or whatever it's called. She's dealt with numbers of these before, so maybe... ?

 

I don't know. I'm scared. Please send courage!

 

Yes, have doc standing by ready with sick-note for a new claim if I need it.

[honeybee13]

Hello semayden. I wish you all the luck in the world. I'm delighted you have a lawyer on board, and she sounds as if she knows what she's doing.

 

Please let us know how you get on because I'll be chewing my nails.

 

Be yourself, the panel are fair, and put your trust in your lawyer. I've done this and you can!

 

HB x

[semayden]

Hello semayden. I wish you all the luck in the world. I'm delighted you have a lawyer on board, and she sounds as if she knows what she's doing.

 

Please let us know how you get on because I'll be chewing my nails.

 

Be yourself, the panel are fair, and put your trust in your lawyer. I've done this and you can!

 

HB x

 

Oh Honeybee, have you done this before? Please tell me more! This is my first time, gulp! Must go out to shops now but will be back to hear your answer in couple hours...

[honeybee13]

Oh Honeybee, have you done this before? Please tell me more! This is my first time, gulp! Must go out to shops now but will be back to hear your answer in couple hours...

 

Yes, my tribunal was in 2008. I wrote about it all in the forum sticky on appeals and tribunals, so did Bookworm. It might help you to read it if you haven't already.

 

HB x

[Lilly_Monroe]

Yes, my tribunal was in 2008. I wrote about it all in the forum sticky on appeals and tribunals, so did Bookworm. It might help you to read it if you haven't already.

 

HB x

 

Hi

 

Is there a sticky on what to do when filling in the form for the first time in respect of depression.

 

Thanks

 

Lilly

[honeybee13]

Hi

 

Is there a sticky on what to do when filling in the form for the first time in respect of depression.

 

Thanks

 

Lilly

 

Hello. No there isn't, sorry. Do you have anyone who can help you like the CAB or I've also read here that DIAL have helped people.

 

My best, HB

[LashieLand]

Hi,

Hope someone can help??

My mum is appealing against the decision to stop her Esa for a injured wrist. She failed her ATOS assessment (she scored 0 points??) and then proceeded to a tribunal with the HM Courts and Tribunals service. Today she and I (I'm her representative as well) have received a Secretary of State's Supplementary Submission which states that there are no grounds to review the decision. It also says there is no change in her payments whilst she is waiting for a appeals date. Can anybody give us a bit more info about what this is and what it means??

Many Thanks,

H

[Lilly_Monroe]

Hello. No there isn't, sorry. Do you have anyone who can help you like the CAB or I've also read here that DIAL have helped people.

 

My best, HB

 

No I don't which is a worry.

 

I only have my doctor and councillor who can vouch for what is happening to me (and me) but from what I read they take no notice of us.

 

I am able to fill it in, and understand it, but just was asking if there is a right way and a wrong way. it only came today, and just the brown envelope freaks me out.

 

Thanks anyway.

 

Lilly

[semayden]

Yes, my tribunal was in 2008. I wrote about it all in the forum sticky on appeals and tribunals, so did Bookworm. It might help you to read it if you haven't already.

 

HB x

 

Sorry, not familiar with 'stickies' - how do I find them? Thanks.

[honeybee13]

Hello again. To find the stickies, come out of this thread using the back arrow on your browser. That takes you to the forum's front page with all the thread titles. Scroll up to the greeny-yellow area and that's where the stickies are. The Appeals and Tribunals one has my name on it.

 

My best, HB