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ESA reapplying
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10 years 8 months ago - 10 years 8 months ago #124672 by fairrights
ESA reapplying was created by fairrights
Hello everyone,
I recently reapplied for ESA from the 6th August 2014 following a major relapse around my Depression and Anxiety. I had failed to satisfy the WCA test on the 28th Feb 2014. After desperately trying very hard to find appropriate work but realised I could not mange on JSA and it strict conditions...
My G.P. initially provided with a sick note initially covering a 3 month period from the 6TH August 2014 but also diagnosed me with a panic disorder which I never previously been diagnosed with. He started me on medication for the panic disorder and made a referral to the local Psychological services for talking treatment. What made things much worst was the death of my father on the 28th July 2014...
Following the DWP refusal to accept my claim under the 6 month rule I asked for a mandatory reconsideration and if that fails I will to appeal the decision to refuse my ESA on the grounds that my condition had deteriorated considerably and I have a new condition the Panic Disorder to manage/treat.
I made a telephone claim for ESA from the 6th August sent a copy of the medical certificate to the address provide by the DWP. When I phoned the ESA this week they informed that I had no claim pending. I was under the impression that my claim should continue as there was only 22days that I did not qualify under the six month rule?
I not sure I`ve explained things very well but I hope I conveyed the question clearly?
Thank you
David
I recently reapplied for ESA from the 6th August 2014 following a major relapse around my Depression and Anxiety. I had failed to satisfy the WCA test on the 28th Feb 2014. After desperately trying very hard to find appropriate work but realised I could not mange on JSA and it strict conditions...
My G.P. initially provided with a sick note initially covering a 3 month period from the 6TH August 2014 but also diagnosed me with a panic disorder which I never previously been diagnosed with. He started me on medication for the panic disorder and made a referral to the local Psychological services for talking treatment. What made things much worst was the death of my father on the 28th July 2014...
Following the DWP refusal to accept my claim under the 6 month rule I asked for a mandatory reconsideration and if that fails I will to appeal the decision to refuse my ESA on the grounds that my condition had deteriorated considerably and I have a new condition the Panic Disorder to manage/treat.
I made a telephone claim for ESA from the 6th August sent a copy of the medical certificate to the address provide by the DWP. When I phoned the ESA this week they informed that I had no claim pending. I was under the impression that my claim should continue as there was only 22days that I did not qualify under the six month rule?
I not sure I`ve explained things very well but I hope I conveyed the question clearly?
Thank you
David
Last edit: 10 years 8 months ago by Gordon.
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10 years 8 months ago #124676 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA reapplying
belfastboz
I do not normally use such strong terms, but the DWP have acted illegally, they cannot refuse a claim under the "six month rule", this does not prevent a claim it prevents payment of it which is not the same thing, further, once your claim passed the six month mark (29 August?) then you became entitled to payment.
Further, if it is clear from your Fit Note and your reason for claiming in the first place, that there has been a deterioration on your condition, then the "six month rule" should not apply in the first place, your claim should have been accepted and you should have been entitled to payment from the date of claim (as indicated by the Fit Note) subject to the normal waiting time for a new claim.
In addition to you MR I would involve your MP
Contacting your MP
I would also make a formal complaint to the DWP
Complaining to the DWP
Gordon
I do not normally use such strong terms, but the DWP have acted illegally, they cannot refuse a claim under the "six month rule", this does not prevent a claim it prevents payment of it which is not the same thing, further, once your claim passed the six month mark (29 August?) then you became entitled to payment.
Further, if it is clear from your Fit Note and your reason for claiming in the first place, that there has been a deterioration on your condition, then the "six month rule" should not apply in the first place, your claim should have been accepted and you should have been entitled to payment from the date of claim (as indicated by the Fit Note) subject to the normal waiting time for a new claim.
In addition to you MR I would involve your MP
Contacting your MP
I would also make a formal complaint to the DWP
Complaining to the DWP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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