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applying for esa again after 6 months
- Milly
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12 years 6 months ago #94096 by Milly
applying for esa again after 6 months was created by Milly
Hi
Just a follow up. My Dr knew nothing about being able to reaply for esa after 6 months. It took them 2 weeks to obtain written legal guidance after I had flagged up your advice.
It has taken another 2 wks to get an esa form from Jobseekers. On the phone they say i cannot apply for the same conditions. As i have a chronic disease, Menieres Disease with accompanying depression anxiety, migraines etc do I really have to come up with another illness or can i talk about my existing problems again.
At the same time I have applied for a statement of reasons regarding my tribunal hearing with a view to taking this to a higher tribunal. It has been a month but i understand the wait is a long one. If and when i obtain the document what do i do next?
Thanks
Just a follow up. My Dr knew nothing about being able to reaply for esa after 6 months. It took them 2 weeks to obtain written legal guidance after I had flagged up your advice.
It has taken another 2 wks to get an esa form from Jobseekers. On the phone they say i cannot apply for the same conditions. As i have a chronic disease, Menieres Disease with accompanying depression anxiety, migraines etc do I really have to come up with another illness or can i talk about my existing problems again.
At the same time I have applied for a statement of reasons regarding my tribunal hearing with a view to taking this to a higher tribunal. It has been a month but i understand the wait is a long one. If and when i obtain the document what do i do next?
Thanks
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- Gordon
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12 years 6 months ago #94098 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:applying for esa again after 6 months
Milly wrote:
When you receive your SoR from the Tribunal Service, you have one month to decide on how you are going to proceed. You can only request a Set Aside or make an appeal to the Upper Tribunal if you can show there was an Error of Law in the original hearing. See
What is an Error of Law?
I am afraid that we cannot advise on this, you need to get face to face advice from an advisor with experince in this area.
Gordon
No, you don't have to come up with another condition, you are perfectly entitled to make a new claim with your existing conditions.Hi
Just a follow up. My Dr knew nothing about being able to reaply for esa after 6 months. It took them 2 weeks to obtain written legal guidance after I had flagged up your advice.
It has taken another 2 wks to get an esa form from Jobseekers. On the phone they say i cannot apply for the same conditions. As i have a chronic disease, Menieres Disease with accompanying depression anxiety, migraines etc do I really have to come up with another illness or can i talk about my existing problems again.
At the same time I have applied for a statement of reasons regarding my tribunal hearing with a view to taking this to a higher tribunal. It has been a month but i understand the wait is a long one. If and when i obtain the document what do i do next?
Thanks
When you receive your SoR from the Tribunal Service, you have one month to decide on how you are going to proceed. You can only request a Set Aside or make an appeal to the Upper Tribunal if you can show there was an Error of Law in the original hearing. See
What is an Error of Law?
I am afraid that we cannot advise on this, you need to get face to face advice from an advisor with experince in this area.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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