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ESA TRIBUNAL LOST-CONDITION WORSE NOW
- thomasnireland
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8 years 6 months ago #142157 by thomasnireland
ESA TRIBUNAL LOST-CONDITION WORSE NOW was created by thomasnireland
i got letter from esa saying i have to prove how my health has got worse,my sciatcia and low back pain has got worse i now have anxiety and low mood problems,im getting really annoyed about all this explainig the stress is unbearable,how do i prove its got worse?
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- Gordon
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8 years 6 months ago #142168 by Gordon
The government, earlier this year introduced new legislation to restrict the re-claiming of ESA following a Fit for Work Decision.
Your forum name suggests you may be based in N. Ireland. I'm unable to confirm whether the legislation that enabled this applies to N. Ireland or not, but it certainly applies to the UK mainland.
New claims for ESA, following a Fit for Work Decision, this does not include cases where the claimant was found FfW due to a technical infringement, can only be made if the claimant has a new condition that could result in an ESA award or a significant deterioration of an already assessed condition. In the case of the letter the claimant must show that there has been a deterioration and a claim will only be allowed if it is reasonable to assume that the deterioration would now potentially result in an award.
You could ask your GP to provide details of the deterioration but you also need to give some thought as to whether you would now meet the criteria for an award in terms of the content.
For a more detailed explanation of the requirement and examples of the level of deterioration required have a look at the following DWP guidance document
www.gov.uk/government/uploads/system/upl...e/430856/m-10-15.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA TRIBUNAL LOST-CONDITION WORSE NOW
thomasnireland wrote: i got letter from esa saying i have to prove how my health has got worse,my sciatcia and low back pain has got worse i now have anxiety and low mood problems,im getting really annoyed about all this explainig the stress is unbearable,how do i prove its got worse?
The government, earlier this year introduced new legislation to restrict the re-claiming of ESA following a Fit for Work Decision.
Your forum name suggests you may be based in N. Ireland. I'm unable to confirm whether the legislation that enabled this applies to N. Ireland or not, but it certainly applies to the UK mainland.
New claims for ESA, following a Fit for Work Decision, this does not include cases where the claimant was found FfW due to a technical infringement, can only be made if the claimant has a new condition that could result in an ESA award or a significant deterioration of an already assessed condition. In the case of the letter the claimant must show that there has been a deterioration and a claim will only be allowed if it is reasonable to assume that the deterioration would now potentially result in an award.
You could ask your GP to provide details of the deterioration but you also need to give some thought as to whether you would now meet the criteria for an award in terms of the content.
For a more detailed explanation of the requirement and examples of the level of deterioration required have a look at the following DWP guidance document
www.gov.uk/government/uploads/system/upl...e/430856/m-10-15.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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