tribuneral on monday

[carcrazy]

hi all iv my tribuneral on monday and i feel il probley get turned down for my esa ,

the original turn down date was november 2011 ,

 

thats 9 months ago so if i get turned down on monday can i reapply for esa or tell lies and claim job seekers

 

my prob is i have a job still but cant do it as i only have use of one hand as my other has a badly broken wrist and after 2 operations it is no better im waiting to see surgeon for another operation as im in pain all the time with wrist and have limited movement in wrist an poor grip ,

 

my job is a fitter with heavy manual work iv been there 20 years but i dont want to resign id rather be paid off, plus iv a claim in with my work for my accident

[gordies]

The tribunal will look at the situation when you first claimed.

 

There is nothing to stop you claiming ESA again if your GP is giving you 'unfit' notes.

[abc123def]

I thought you could only reapply if your illness/disability had worsened since the original claim?

[carcrazy]

my mental health is worsened with atos and there we dont want to give you benefit program,

well my condition has worsend thats why im getting a fusion in wrist and have told them but no good

 

they say i can walk and can use one hand , well someone find me a job that i can push buttons and pick up empty cardboard boxes ,

 

how many days will i need to wait before i reapply again as im due to get a payment on thursday the 16th aug but my tribuneran is on the 13th aug so i dont know if i will get paid or not if i loose on monday

 

thanks

[speedfreek]

I thought you could only reapply if your illness/disability had worsened since the original claim?

 

Well you'd be wrong then wouldn't you!

 

Date runs from date of original decision after a completed WCA assessment.

[abc123def]

Well you'd be wrong then wouldn't you!

 

Date runs from date of original decision after a completed WCA assessment.

 

So, anyone can just claim esa, ask for reconsideration, go to appeal, fail, reapply for esa, ask for reconsideration, go to appeal, fail, reapply for esa etc etc ongoing for the same condition that never worsens? So everyone is entitled to esa at the assessment rate forever?

[speedfreek]

So, anyone can just claim esa, ask for reconsideration, go to appeal, fail, reapply for esa, ask for reconsideration, go to appeal, fail, reapply for esa etc etc ongoing for the same condition that never worsens? So everyone is entitled to esa at the assessment rate forever?

 

Oh behave!

 

You can only apply for ESA with the backing of a medical practitioners fit note stating that you are ill.

 

I suggest you go and read Raes' story. A heart warming of tale over 3 plus assessment rate years, of a young lady who's condition is amazingly not recognised in the ESA descriptors.

 

@ OP the date is 6 months for an existing condition - that runs from the date you got the decision of failure after completing a full assessment phase for ESA. So after the WCA decision. The trubinal decision is a separate thing and does not count in any way. It's 6 months form the original notification of failure by the DWP.

 

If there is a change/deterioration or a new condition you fill in a new form and start a new full assessment phase and when it's completed have another decision pass or fail. This can be done no matter what is happening with the original as they run parallel to each other.

 

So for example apply for ESA Jan fail March and appeal. In June you have new condition. Inform DWP start new assessment phase. told you pass in August so are awarded ESA from that date. Now your original appeal is heard in December, you win and receive what ever ESA award back dated to March.

 

There's a few more out comes and complications with decisions etc but that's the basics.

 

There are other rules for failing to complete a full WCA assessment phase but there on here but not relevant here.

Edited August 11, 2012 by speedfreek

[Nystagmite]

Yes. If 6 months hasn't passed, you can only apply for a new condition or one that has worsened.

[abc123def]

Yes. If 6 months hasn't passed, you can only apply for a new condition or one that has worsened.

 

Thank you.

 

Speedfreek, there is no need to be so rude.

[abc123def]

So, anyone can just claim esa, ask for reconsideration, go to appeal, fail, reapply for esa, ask for reconsideration, go to appeal, fail, reapply for esa etc etc ongoing for the same condition that never worsens? So everyone is entitled to esa at the assessment rate forever?

 

When I was saying that, I was obviously meaning that you had (un)fit notes from your GP and were ill/disabled and were not making it up. I just plainly didn't realise that if 6 months had passed in the whole process you could just reapply even though you were turned down before for the same condition.

[estellyn]

So, anyone can just claim esa, ask for reconsideration, go to appeal, fail, reapply for esa, ask for reconsideration, go to appeal, fail, reapply for esa etc etc ongoing for the same condition that never worsens? So everyone is entitled to esa at the assessment rate forever?

 

Yes as long as there is 6 months between each WCA decision and new application, and as long as the doc will keep writing fit notes.