ESA

Michelle wrote: Hi. I have my third hearing on Monday. The first hearing found regulation 35 was an issue. The second hearing the doctor did not turn up. The next hearing is a full hearing again as they was no notes from the last one. Well there was but I do not know where they went. As I could be found fit for work this time although nothing has changed for me since The December hearing, could I make a new claim straight away. I was found fit for work by the DWP last September.

If the Hearing result in a Fit for Work Decision then you can make a new claim for ESA immediately, but you cannot be paid the Assessment rate unless you can show that you have a new condition or your existing ones have deteriorated to the extent that it is likely that you would receive an award, or until a Decision on your claim is made

If successful then you would receive back pay payments as appropriate.

Gordon

Michelle wrote: I have new pain medication as the last ones were not working anymore. I also had a new condition confirmed in the middle of last year that was not listed on my ESA claim.

The Tribunal can only consider your limitation as they were on the date of the Decision that you appealed, if the changes you mention were after this, then the panel are required to ignore them.

If they did occur before the Decision was made then then can be looked at, but it must be clear that this is the case.

Gordon

Michelle wrote: I know there is a six month wait for reclaiming. I did not know if that is from the DWP decision or the Tribunals decision.

I'm afraid the "six month" rule was removed by the Government at the end of March!

Gordon