Confused

Hi,
A bit confused at the moment, I lost my ft appeal on 06/01/14 zero points but dwp keep asking for sick notes and say my esa cb will run out on May 24as that will be 365days they are stii paying me at the assessment rate, I have asked Sor and record of proceedings in order to see if I have an error in law.
I have received further information regarding the deterioration of my ability to walk and stand following further X-rays and bone scans , and I will be now in a wheelchair as I am also affected in my shoulders ,elbows and wrist I can,t push myself . I intend to put in a new claim but do I wait until May or March would be 6 month since my initial wca.

When I do this time I will be better equipped by utilising your guides this time.

Thanks in advance

Hi Jannigran,

It can often take some weeks for DWP to action tribunal results, I suspect that is why you are still being paid ESA assessment rate.

You can reapply for ESA at any stage. If it is less than 6 months since the previous decision you would not be paid until you have had a successful WCA - unless you can show that your condition has worsened ( or you have developed a new one) meanwhile.

Please come back to this topic if you have any further questions as it really helps us if everything is kept in one place

Hi,
Sorry for the delay in getting back.
I've phoned dwp 3times and told them about the decision at tribunal and they say if I have been asked for fit note I must send them in.
Have noticed on bank statement the payment now has Jsa as ref.

I have worked for 30yrs full time without a break until may 2013 so I think I should be alright to put in a new claim perhaps you could advise please.
Many thanks

Hi,

Hoping once more for your help.

I have now received SOR and disc with ROP, I have contacted CAB but unfortunately i,m not in their postcode area, I got in touch with welfare rights worker but they are unable to help as I didn't have them at the original FTT , however she asked me what I thought my error in law was and I said that "the panel believed the atos doctors report was preferred as being a more accurate even after considering the consultants report as the hcp had reported that during his clinical examination there was no sign of muscle waste or any deformities"

However at wca no physical examination took place as he said he didn't,t wish to cause me further pain but he has said in his report that I declined to be examined , so he couldn't, t possibly comment on any muscle waste nor could the FTT give these as reason for for disputing a senior consultant who has examined me on several occasions.

The welfare rights person agreeded this could be an error in law and should proceed but she said I should do the paperwork myself as I wouldn't,t qualify for a legal aid and it wasn't,t necessary to engage a solicitor which I was happy to use.

Do you think she is right ?

Do possibly know of a template or sample of a submission to the

Sorry to be so long-windedl.
Thanks in advance for any assistance.