appeals - advice

Hi - When I first became unwell i was refused ESA after medical. I appealed but subsequently returned to work while waiting. After returning to work my health worsened and in June this year I re-applied for ESA. I am now going through the whole process again. I was thinking of cancelling my first appeal (10 months waiting to date) as I did not have much medical evidence then (waiting for diagnosis and treatment). Now I have GP support and mental health trust. Will cancelling my first appeal have any effect on my current situation. Someone mentioned something about time gap between being refused benefit and making new claim? I feel it will be stressful enough going through it once. Also, my condition is now properly recognised and being treated. Any thoughts/knowledge is appreciated.

Hi colmc1

I can't see any reason why cancelling your appeal would have any affect on your current claim.

There normally has to be six months between a decision to refuse ESA and a new claim, but this does not apply if your condition has worsened since the refused claim.

Your deterioration in health will not be taken into consideration for your appeal as it occurred after the adverse ESA decision. However, if medical evidence can shed light on your condition at the time you were refused ESA, for example, if the condition you had has only now been properly recognised and not at your previous medical assessment, it may be helpful to your appeal.

Hope this is helpful

Derek