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Re apply for esa
- debbiesixtysix1
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10 years 4 weeks ago - 10 years 4 weeks ago #119631 by debbiesixtysix1
Re apply for esa was created by debbiesixtysix1
When is soonest time you can reapply for esa ? Is it 6 months after originsl decision or 6 months after M R decision ?
What about after an appeal outcome that finds you fit for work ? Just enquiring for the worse outcome ....
What about after an appeal outcome that finds you fit for work ? Just enquiring for the worse outcome ....
Last edit: 10 years 4 weeks ago by Gordon.
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- Gordon
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10 years 4 weeks ago #119633 by Gordon
You can make a new claim for ESA the day after a Fit for Work Decision is made, however, you will not be paid on the new claim until the earliest of the following
- The new claim is made as a result of a new condition or a deterioration in the existing one.
- A Decision is made on the new claim.
- Six months have elapsed.
The six months is from the date of the FfW Decision letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re apply for esa
Debbie wrote: When is soonest time you can reapply for esa ? Is it 6 months after originsl decision or 6 months after M R decision ?
What about after an appeal outcome that finds you fit for work ? Just enquiring for the worse outcome ....
You can make a new claim for ESA the day after a Fit for Work Decision is made, however, you will not be paid on the new claim until the earliest of the following
- The new claim is made as a result of a new condition or a deterioration in the existing one.
- A Decision is made on the new claim.
- Six months have elapsed.
The six months is from the date of the FfW Decision letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: libran1962
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- Rockman
10 years 3 weeks ago - 10 years 3 weeks ago #119755 by Rockman
Replied by Rockman on topic Re apply for esa
I'm also interested in this question (been answered by Gordon).
If somebody's condition does worsen, and they make a fresh ESA claim, is it possible to start an appeals process for the original ESA claim?
Thanks.
If somebody's condition does worsen, and they make a fresh ESA claim, is it possible to start an appeals process for the original ESA claim?
Thanks.
Last edit: 10 years 3 weeks ago by bro58.
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- bro58
10 years 3 weeks ago - 10 years 3 weeks ago #119759 by bro58
Hi R,
What Gordon is basically stating is that a fresh claim for ESA can be made at any time.
However, no payments will ensue until either 6 months or more has passed since the previous adverse ESA decision, or at any time less than the 6 months, if the claimant can prove that their medical condition has deteriorated or they now suffer from different medical conditions since the time of the previous adverse ESA decision.
It is possible to have one or more appeals running at the same time, and a fresh claim can be made whilst an appeal in ongoing.
However, any award made as a result of a fresh claim would supercede any award made as a result of the decision made by the Tribunal regarding the appeal.
Of course, any appeal has to be made within the time limits allowed, which was a maximum of 13 months from the date of any adverse decision prior to 28/10/13.
For adverse decisions after 28/10/13 a request for a Mandatory Reconsideration would first have to be made within the set time limits :
Mandatory Reconsiderations Explained
bro58
Replied by bro58 on topic Re apply for esa
Rockman wrote: I'm also interested in this question (been answered by Gordon).
If somebody's condition does worsen, and they make a fresh ESA claim, is it possible to start an appeals process for the original ESA claim?
Thanks.
Hi R,
What Gordon is basically stating is that a fresh claim for ESA can be made at any time.
However, no payments will ensue until either 6 months or more has passed since the previous adverse ESA decision, or at any time less than the 6 months, if the claimant can prove that their medical condition has deteriorated or they now suffer from different medical conditions since the time of the previous adverse ESA decision.
It is possible to have one or more appeals running at the same time, and a fresh claim can be made whilst an appeal in ongoing.
However, any award made as a result of a fresh claim would supercede any award made as a result of the decision made by the Tribunal regarding the appeal.
Of course, any appeal has to be made within the time limits allowed, which was a maximum of 13 months from the date of any adverse decision prior to 28/10/13.
For adverse decisions after 28/10/13 a request for a Mandatory Reconsideration would first have to be made within the set time limits :
Mandatory Reconsiderations Explained
bro58
Last edit: 10 years 3 weeks ago by bro58.
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