Claiming ESA

margym wrote:

Hello.
I am new to this forum and have just been refused ESA, most probably because I did not know this website existed at the time of filling in my questionnaire.
My question now is during my wait for a medical assessment I developed chronic back and neck pain due to a previous knee operation and a deterioration of the knee after the op. Can I now add this to my existing ESA application or do I have to submit a new application for ESA, even though I am appealing the first judgement and I have asked for reduced ESA whilst awaiting my appeal?
Any help would be gratefully appreciated.
Thanks

I'm afraid you cannot add your new condition to your existing claim now that you are appealing. The Tribunal are only allowed to consider evidence and conditions that were, or would have been, available at the the time of the original Decision.

If your condition is significant enough that in itself it would prevent you working, and your GP will support you in this, then you can make a new claim for ESA due to a new condition. As it is a new claim you will have to go through the ESA50 and medical again. You will only be paid for one claim, whichever is has the largest payment.

Gordon

Angee wrote:

can You start a new claim for a different ailment after you have failed your appeal on a previous ailment over a year ago?

The two factor to consider are the Decision date, not your tribunal one, and the six month rule.

In simple terms, the six month rule states, you can only make a new claim within six months of an adverse ESA Decision, if you can show that you have a new condition, which in itself would mean that you are unfit for work, or there has been a significant deterioration in your existing condition.

After the six months, you can make a new claim for ESA without restriction, based on your previous condition and/or a new one.

One thing to be aware of if you are appealing, is that making a new claim, in parallel, may restrict any back payments you might receive if you win your appeal.

Hope this explains it.

Gordon