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Reclaim ESA while awaiting an appeal
- Tinkerbell4
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11 years 7 months ago - 11 years 7 months ago #113161 by Tinkerbell4
Reclaim ESA while awaiting an appeal was created by Tinkerbell4
From the Guardian - 8.11.13:
The pertinent paragraph: 'Someone with a disability who is knocked off employment support allowance can reclaim while awaiting an appeal. "But we are explicitly forbidden from telling them that – in black and white in the briefing pack – so these often very ill, quite confused and low-capability people are easy meat."'
The entire article: www.theguardian.com/commentisfree/2013/n...anctions-easterhouse
The pertinent paragraph: 'Someone with a disability who is knocked off employment support allowance can reclaim while awaiting an appeal. "But we are explicitly forbidden from telling them that – in black and white in the briefing pack – so these often very ill, quite confused and low-capability people are easy meat."'
The entire article: www.theguardian.com/commentisfree/2013/n...anctions-easterhouse
Last edit: 11 years 7 months ago by Gordon.
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11 years 7 months ago - 11 years 7 months ago #113167 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Reclaim ESA while awaiting an appeal
Tinkerbell
I've allowed your post in case other members have read the article, but as it was intended as a discussion topic I will lock it/
The rule with regard to making a new claim for ESA after being found Fit for Work is quite complicated, misunderstood (especially by the DWP), and I will admit even on this forum, simplified for ease of explanation.
If you are found Fit for Work there is nothing preventing you making an immediate new claim for ESA, subject to your being able to meet the qualifying criteria.
However, you will not be paid for the new claim unless
- you can show that you have a new or deteriorated condition that a GP is prepared to provide a new Fit Note for, or
- until you attend a new ESA assessment, or
- until six months have elapsed since the Decision that found you Fit for Work.
Payment may be further restricted if the Fit for Work Decision is the result of a technical failure such as failing to attend an assessment.
Gordon
I've allowed your post in case other members have read the article, but as it was intended as a discussion topic I will lock it/
The rule with regard to making a new claim for ESA after being found Fit for Work is quite complicated, misunderstood (especially by the DWP), and I will admit even on this forum, simplified for ease of explanation.
If you are found Fit for Work there is nothing preventing you making an immediate new claim for ESA, subject to your being able to meet the qualifying criteria.
However, you will not be paid for the new claim unless
- you can show that you have a new or deteriorated condition that a GP is prepared to provide a new Fit Note for, or
- until you attend a new ESA assessment, or
- until six months have elapsed since the Decision that found you Fit for Work.
Payment may be further restricted if the Fit for Work Decision is the result of a technical failure such as failing to attend an assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 7 months ago by Gordon.
The topic has been locked.
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