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New ESA claim after failing wca?

  • Alex
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10 years 4 months ago - 10 years 4 months ago #114691 by Alex
New ESA claim after failing wca? was created by Alex
I was incorrectly found fit for work in work capacity assessment,and I have requested reconsideration.had to claim JSA after being on ESA for few years while awaiting reconsideration..and I am struggling.my condition is getting much worse since then,is it possible to make a new ESA claim now based on my worsening condition?
what does worsen condition mean exactly? how can that be proved? I'd like to know if making a new ESA claim in a situation like this is straightforward and I can make a fresh claim due my symptoms worsening recently?
I'd appreciate any advice and information regarding this matter.
Last edit: 10 years 4 months ago by . Reason: Tick.

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10 years 4 months ago #114694 by Gordon
Replied by Gordon on topic New ESA claim after failing wca?

Alex wrote: I was incorrectly found fit for work in work capacity assessment,and I have requested reconsideration.had to claim JSA after being on ESA for few years while awaiting reconsideration..and I am struggling.my condition is getting much worse since then,is it possible to make a new ESA claim now based on my worsening condition?
what does worsen condition mean exactly? how can that be proved? I'd like to know if making a new ESA claim in a situation like this is straightforward and I can make a fresh claim due my symptoms worsening recently?
I'd appreciate any advice and information regarding this matter.


I remember from your previous posts that you needed to claim JSA because you could not survive without the income from your ESA, so you need to be aware that you will need to close your JSA claim in order to make a new claim for ESA, also, if this is rejected, then you may have problems re-claiming JSA having declared yourself unfit for work.

There is no clear definition of what a deteriorated condition is, you will certainly need the support of your GP, as they will not just need to issue a Fit Note but also confirm that your condition has worsened.

As this will be a new claim you will be subject to the full assessment period which will include a new ESA50 and face to face assessment.

You also need to be aware that as a new Decision will be made, any award that results from your appeal will be limited by this, so if the panel place you in the WRAG and the new claim results in a Fit for Work Decision again, then this will take precedent.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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