Esa tribunial appeal

Gordon wrote:

penthesilie wrote:

Crazydiamond,
am I correct in thinking that it's possible to put in a second claim once the waiting time for an appeal has gone past six months from the date the original decision not to grant ESA Limited Capacity to work, under the 'six month rule'?
Sorry to trouble you with this, but it's just something I wanted to sort out in my own mind for the future if it's needed.

Yes you can, but be aware that you can only receive payment for one claim and depending on the result of a second claim, you may be limiting any back payments you might receive from from a Tribunal.

Gordon

If the reclaim to ESA is successful and the claimant is satisfied with the award, the tribunal would only be concerned with the closed period from the date of the original decision, up until the day before the commencement of the new award.

So the amount of 'back pay', for want of a better term, would therefor be less due to the second claim date, and only taken as far back as the second claim date.
Many thanks, Penthesilie.
I'll 'screen cap' all this to my computer.

If for example you appealed to be included in the support group and you were successful with the appeal, and the subsequent claim following the assessment phase resulted in an allocation to the support group, the payment in the intervening period would be the arrears representing the difference between the WRAG and the SG, or if the original claim was disallowed, the difference would be between the assessment rate and the rate for the SG.

What this means is that in effect you would receive all the outstanding arrears, and continuing payment applicable to the SG.

Thank you so much for taking the time to explain the finer points of the intricate workings of the appeal system with regards to ESA. It makes all the difference to be able to get a 'handle' on what's going on and how to cope with it all.
Thank you kindly,
Pentheslie.

thanks for the info