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Lost my ESA appeal, what can I do?


dell8804
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rocker, you've got one or two things wrong if you don't mind me saying...

The dying within six months thingy is simply special rules for those, well, dying within six months. Everyone else who's ill goes through the ESA system. Once you have been told you failed the ESA assessment, you have one month to appeal. I assume that time is now gone by. You can reapply for ESA as a new claim 6 months from the date you failed the assessment. Not the Tribunal. Or you can reapply at any time if your condition has worsened. SO get on and apply. Next time you fail, appeal and keep sending in sick notes. You'll then keep getting paid the assessment rate.

So, whatever you do make sure you phone up and apply for ESA ...

I lost my esa appeal then got a letter saying all my benefits as stopped from 5 July the letter was dated 14 July can't they send them same day. any way I asked if I could put in another claim for esa and it nearly 11 months from the start and end of appeal and she said if it is for the same thing again I can not claim for that. I have mobility problems with my back and depression I have just sent new sick note of on 8 July for 2 months so had to make an appointment at the jobcentre for jsa .it is a joke I have to have somebody in the house when I have a shower as keep going dizzy and falling, on the atos report she said I could use a wheelchair and carry a empty box. what hope do I have at getting a job plus 62 years old in January so what will happen when I go to jobcentre on Tuesday, hope somebody can help dell
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I lost my esa appeal tried to claim again and told you can not claim for the same thing .what do they want me to do make up a new illness. anyway went down to job centre yesterday for a appointment to claim jsa told it was on the third floor he said straight away your not going to get there are you so they came down to me and the person was very nice then a work adviser saw me and said from now on we have put on your card a red spot .thinking that was bad he said no it was just to say sigh on down stairs now . plus shown him my thing from the Atos form stating I can work . i.e. she put down can work from a wheelchair and carry a empty box on reading that the adviser put down on a piece of paper go to your MP. so he must have thought it was wrong but they are a bit tied what they can say . I had to make another appointment for Friday to sign on and at least he said what is the best time for me so he said I will ring you later on . so he rang back very nice again asked if a later appointment was better and said that he had talked to is manager and said we are going to treat me very carful and not push for jobs which that put me at ease as told him some times can not even move or get down stairs I suffer from back and mobility problems and on antidepressants'. which I still don't think I am fit for work. but they where much better at the job centre than I thought after all the tales I have read about like getting job interviews and things like that . but Atos are wrong about working as soon as the weather changes i.e. gets colder it is murder for me and every body ells I think

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Unless the rules have changed in recent years - I'm not up to date - then Nystagmite is quite correct. If more than six months have gone by - which, iirc, is from the date of refusal not the date of tribunal, than you can make a fresh claim for the same illness. I assume from your posts you've been given duff info. The downside, of course, is that you have to get back on the ESA merry-go-round with payments at assessment rate, another WCA etc etc.

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hi and thanks . it was like 10/11 months waiting for the appeal but I phoned up and the lady said you can not apply for the same problem for esa its a joke, so now had to register for jsa and he said not much here for you and wrote down see your MP

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hi and thanks . it was like 10/11 months waiting for the appeal but I phoned up and the lady said you can not apply for the same problem for esa its a joke, so now had to register for jsa and he said not much here for you and wrote down see your MP

 

The information you have been given is not correct. If more than six months have passed since the date of the decision to deny you ESA, you can reapply for ESA for the same condition. You doctor would need to keep writing medical certificates for you.

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