ESA reclaim.. any help please

[winter*wonderland]

Hi, recently reclaimed esa before 6 month period due to worsening condition. Have been advised by dwp that my claim has went to a decision maker yesterday. Anyone had similar experience or know how long this might take and possible outcomes. Any help greatfully appreciated, thanks x

[clarkey1]

Hi, recently reclaimed esa before 6 month period due to worsening condition. Have been advised by dwp that my claim has went to a decision maker yesterday. Anyone had similar experience or know how long this might take and possible outcomes. Any help greatfully appreciated, thanks x

 

 

 

15 months if you are lucky

[clarkey1]

Write to your MP and ask him or her if they can request for them to speed up the process it will work.

[**Margaret**]

:winter*wonderland:

 

Right, if I've understood this correctly, you've appealed a fit for work decision and reclaimed employment n support within six months of the decision, on the basis of a worsening condition. Is there a reason you can't claim assessment rate pending your appeal hearing?

 

Jobcentreplus will need some persuasive medical evidence to pay this claim from the outset. It's nigh on impossible to convince them of a worsening condition. For claimants who've got one it's somewhat easier to reclaim and be paid from the outset for a different condition.

 

If the decision maker doesn't accept a worsened condition, you'll be referred for a work capability assessment and the claim will be paid, with backdated arrears, should the decision from the assessment be that you've limited capability for work/work related activity. If you've no other income or savings, Atos should fast track an assessment but with their unacceptable backlogs it's easier said than done. Sorry, you may as well ask how long's a bit of string.

 

Best wishes, Margaret.

[winter*wonderland]

Thanks for advice, have been to tribunal and it was refused because they said it's not about how I am now, but how I was in May when I had wca.

[**Margaret**]

:winter*wonderland:

 

My oversight. So few appeals get to a hearing within six months, I didn't consider the possibility.

 

What was the date of the decision you appealed? Should your evidence be strong enough for your new claim to be paid immediately on the basis of worsened condition, all well and good. If Jobcentreplus insist on a new work capability assessment before they'll pay your current claim, you may get a claim into payment more quickly by closing your current claim and reclaiming from six months after the disallowance. Takes 10 - 15 days, from when Jobcentreplus have got Med 3 (unfit) note, proof of income, etcetera, to process a new claim. Currently, it can take Atos several months to fast track an assessment even if the claimant phones every other day for a cancellation.

 

Best wishes, Margaret.

Edited November 30, 2013 by **Margaret**

[winter*wonderland]

Original decision stating that I was not entitled to esa was 24th June, tribunal was on 12th november, which I suppose was fairly quick compared to how long some people are waiting , thanks for advice margaret x