ESA to JSA

missbox wrote: Just a query after reading reply to another query.
I applied for JSA while waiting for MR, which was turned down, so am now putting in appeal.
I have had sicknotes throughout the whole procedure since Dec 14.
The JC are being very kind and acknowledge that I am appealing although I have not given them a sick note.
Should I reapply for ESA while waiting for my hearing?
If I don't will this affect my right to claim the backdated higher rate ESA if I win my appeal?

On the assumption that this is your first Fit for Work Decision.

Once your appeal has been accepted by the Tribunal Service and the DWP have received notice of it, you can request that you are put back on the ESA Assessment rate, this will require you to provide Fit Notes from the day after your JSA claim is closed.

If there is no other reason for you to apply for ESA again, then I would wait for your hearing, but if you do want to make a new claim then in principle you can however....

- you can only make a new claim and be paid if you can show a new condition or one a deteriorated one since the Decision that found you Fit for Work, even then the DWP may still refuse.

- any new Decision from a new claim will limit the result of a Decision from a Tribunal. So if Tribunal places you in the WRAG and the new claim results in a Fit for Work Decision again then it will be the FfW one that is taken forward. Additionally, although you could appeal a new FfW Decision, you will not be paid while appealing for the second time.

Gordon