ESA mandatory reconsideration in progress -

PD

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If your GP is prepared to write a new Fit Note for a condition that was not included In your original claim, or because of a documented deterioration in your condition, then you can make an immediate new claim for ESA, however, this will only be accepted if you are eligible for Income Related ESA, as having been on IB previously you will not qualify for Contribution Based ESA. ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Even if you make a new claim it is worth your pursuing the MR and any appeal that might be required, because if successful your ESA(CB) will be reinstated. If you do not then you will not be able to claim ESA(CB) again without your working to re-establish your NI Contribution history.

If you cannot make a new claim for ESA, then you can claim JSA while the MR is carried out. At the moment you are classed as being Fit for Work, although you can restrict your job search commitment because of the MR. If you present a new Fit Note then the JC+ may decide that you are incapable of meeting the minimum job search requirement and refuse your claim for JSA.

If you are unable to claim JSA, then you will receive the ESA Assessment rate, once an appeal has been lodged with the Tribunal Service, an appeal can be made once the MR has completed, I am afraid that there are no other DWP benefits that are payable in the interim, although you may be able to make a nil income claim for Housing Benefit, subject to your circumstances.

If you have not already done so have a look at our ESA MR & Appeal Guide, template letters and ESA Claim guides on the following link.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon