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Reapply or not?
- rioruss
- Topic Author
12 years 8 months ago - 12 years 8 months ago #91295 by rioruss
Reapply or not? was created by rioruss
Hello, i currently recieve high rate care and mobility for DLA of which i have just received a renewal form to complete.
I also did recieve Contribution based ESA until my time was up in April, I was in the WRAG group and i had appealed to be put into the support group but failed, however at the tribunal they suggested i notify JCP that my health had deterioted and needed to be reassessed, i did this and also included a letter from a friend and names and adresses of my new OH and GP and advised i was waiting to be seen by a pchsycologist . this was back in May .
I am still waiting to hear from anyone and i have called numerous time to be told its with the decision makers.
My question to you is, can i just reapply or should i wait.?
Many thanks in advance
Tina
I also did recieve Contribution based ESA until my time was up in April, I was in the WRAG group and i had appealed to be put into the support group but failed, however at the tribunal they suggested i notify JCP that my health had deterioted and needed to be reassessed, i did this and also included a letter from a friend and names and adresses of my new OH and GP and advised i was waiting to be seen by a pchsycologist . this was back in May .
I am still waiting to hear from anyone and i have called numerous time to be told its with the decision makers.
My question to you is, can i just reapply or should i wait.?
Many thanks in advance
Tina
Last edit: 12 years 8 months ago by slugsta.
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- Gordon
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12 years 8 months ago #91301 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Reapply or not?
rioruss wrote:
I assume that you are not eligible for Income Related ESA, as you should have been transferred to this in April when your ESA(CB) ended.
So the question is, do you have sufficient NI Contributions to re-apply for ESA(CB), the applicable tax years would be 2010-2011 and 2009-2010.
If you believe you do then I would recommend you get face to face advice as making a new claim is not without risks, that you should understand before making a decision.
Gordon
If you are asking about re-applying for ESA, then the answer will depend on your situation.Hello, i currently recieve high rate care and mobility for DLA of which i have just received a renewal form to complete.
I also did recieve Contribution based ESA until my time was up in April, I was in the WRAG group and i had appealed to be put into the support group but failed, however at the tribunal they suggested i notify JCP that my health had deterioted and needed to be reassessed, i did this and also included a letter from a friend and names and adresses of my new OH and GP and advised i was waiting to be seen by a pchsycologist . this was back in May .
I am still waiting to hear from anyone and i have called numerous time to be told its with the decision makers.
My question to you is, can i just reapply or should i wait.?
Many thanks in advance
Tina
I assume that you are not eligible for Income Related ESA, as you should have been transferred to this in April when your ESA(CB) ended.
So the question is, do you have sufficient NI Contributions to re-apply for ESA(CB), the applicable tax years would be 2010-2011 and 2009-2010.
If you believe you do then I would recommend you get face to face advice as making a new claim is not without risks, that you should understand before making a decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- rioruss
- Topic Author
12 years 8 months ago #91306 by rioruss
Replied by rioruss on topic Re:Reapply or not?
Hi Gordon,
yes i was meaning ESA and no i do not qualify for income based as my partner works more than 20 hrs a week ( i was told he had to work less by JCP)
My OH and Gp both feels i should be in the support group also so i was wondering if i reapplied might i get more chance being put in there or more chance by just waiting ?
Tina
yes i was meaning ESA and no i do not qualify for income based as my partner works more than 20 hrs a week ( i was told he had to work less by JCP)
My OH and Gp both feels i should be in the support group also so i was wondering if i reapplied might i get more chance being put in there or more chance by just waiting ?
Tina
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- Gordon
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12 years 8 months ago - 12 years 8 months ago #91321 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Reapply or not?
rioruss wrote:
As I explained in my previous posts, whether you can make a new claim for ESA9, not whether you should or not, is dependant on your NI Contribution history, if you do not have sufficient NICs you cannot make a new claim for ESA(CB).
PS - The hours for a working partner are more than 24 hours per week, not 20, in case this makes a difference to your situation.
Gordon
If you can demonstrate a significant deterioration of your condition since the last Decision on your claim then you can, in addition to your appeal, ask for a SuperSession or re-evaluation of your claim, which could lead to your being placed in the Support Group, however, if it does not (e.g. left in WRAG), it would limit any award made later by a Tribunal.Hi Gordon,
yes i was meaning ESA and no i do not qualify for income based as my partner works more than 20 hrs a week ( i was told he had to work less by JCP)
My OH and Gp both feels i should be in the support group also so i was wondering if i reapplied might i get more chance being put in there or more chance by just waiting ?
Tina
As I explained in my previous posts, whether you can make a new claim for ESA9, not whether you should or not, is dependant on your NI Contribution history, if you do not have sufficient NICs you cannot make a new claim for ESA(CB).
PS - The hours for a working partner are more than 24 hours per week, not 20, in case this makes a difference to your situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 8 months ago by Gordon. Reason: corrected 24 hour rule
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- bro58
12 years 8 months ago #91325 by bro58
Replied by bro58 on topic Re:Reapply or not?
Hi r,
To reiterate Gordon's comments regarding 24 hours not 20 hours, see :
24 hour work rule for ESA(IR)
bro58
To reiterate Gordon's comments regarding 24 hours not 20 hours, see :
24 hour work rule for ESA(IR)
bro58
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- rioruss
- Topic Author
12 years 8 months ago #91332 by rioruss
Replied by rioruss on topic Re:Reapply or not?
Thankyou both for your replies,
i guess it is the re- evaluation i have already asked for then. i had appealed already, failed , then sent letter in to advise condition had worsened.
I will wait to see how this goes.
Thankyou also for letting me know about the 24 hour work rule. my partners employer may be vutting his hours very shortly so this info will definately help .
tina
i guess it is the re- evaluation i have already asked for then. i had appealed already, failed , then sent letter in to advise condition had worsened.
I will wait to see how this goes.
Thankyou also for letting me know about the 24 hour work rule. my partners employer may be vutting his hours very shortly so this info will definately help .
tina
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