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Application for ESA
- SH
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9 years 6 months ago #142299 by SH
Application for ESA was created by SH
My other half applied by telephone for ESA having got an 'UNFIT FOR WORK', certificate from the docs for 6 weeks whilst he awaits a hospital appointment for steroid injections. Today he got a phone call from the DWP - they asked a few questions - such as his medication - but no much else, we have had no paper work through o send in the sick note, no ESA50 to complete. This person rang back after 2 minutes and said there is no change from your 2012 assessment so we are terminating your application, you can apply for JSA.......................
So is this what they do now? Don't bother sending you any forms and use a crystal ball to assess your health? My husband has Rheumatoid arthritis, and at the moment can barely walk - he is 60 years old
Words fail me
So is this what they do now? Don't bother sending you any forms and use a crystal ball to assess your health? My husband has Rheumatoid arthritis, and at the moment can barely walk - he is 60 years old
Words fail me
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- Gordon
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9 years 6 months ago #142312 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Application for ESA
SH
Was your partner found Fit for Work when they applied for ESA in 2012 and was this the last time that they applied for ESA?
If this is the case then they are being effected by a change to the ESA legislation from earlier this year that only allows a new claim for ESA to be made, where the last ESA Decision was a Fit for Work one (unless this was due to a technical failure), if the claimant can show that they have a significant new condition or there has been a significant deterioration in the condition that was assessed when they last claimed ESA, such that they are now likely to meet the ESA criteria for an award.
If they have a new condition or there is a significant deterioration of a previous condition then they need to speak to their GP about this and the GP needs to explain this on the Fit Note or write a letter explaining this, they can then make a new claim for ESA and hopefully it will then be processed.
Gordon
Was your partner found Fit for Work when they applied for ESA in 2012 and was this the last time that they applied for ESA?
If this is the case then they are being effected by a change to the ESA legislation from earlier this year that only allows a new claim for ESA to be made, where the last ESA Decision was a Fit for Work one (unless this was due to a technical failure), if the claimant can show that they have a significant new condition or there has been a significant deterioration in the condition that was assessed when they last claimed ESA, such that they are now likely to meet the ESA criteria for an award.
If they have a new condition or there is a significant deterioration of a previous condition then they need to speak to their GP about this and the GP needs to explain this on the Fit Note or write a letter explaining this, they can then make a new claim for ESA and hopefully it will then be processed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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