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Bit confused.. 6month rule..
- RobJean
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11 years 10 months ago - 11 years 10 months ago #108072 by RobJean
Bit confused.. 6month rule.. was created by RobJean
Hi All,
INFO:
My first claim for ESA refused (0 points) Oct2011, Was awarded 15 (6+9) points at my first FTT in May2012, this was then superceded in Dec2012 (6 points only), appeal lost (what a joke) on 8th July2013 (decision of Dec2012 agreed with). I intend to appeal - awaiting SOR.
I have since (10July13) requested (and since sent back) ESA1 form for a new claim (same pain/mobility problems).
Questions:
Do they have to accept this as a new claim (its been over 6 months since the last 'decision') ?
If accepted, will they pay assesment rate until a further ATOS?
Can't they (the DWP) just say the FTT says 'not entitled', and use this to reject my new claim?
Getting worried now as money stopped, but I am determined to fight on as I am not a Liar/Sciver etc..
INFO:
My first claim for ESA refused (0 points) Oct2011, Was awarded 15 (6+9) points at my first FTT in May2012, this was then superceded in Dec2012 (6 points only), appeal lost (what a joke) on 8th July2013 (decision of Dec2012 agreed with). I intend to appeal - awaiting SOR.
I have since (10July13) requested (and since sent back) ESA1 form for a new claim (same pain/mobility problems).
Questions:
Do they have to accept this as a new claim (its been over 6 months since the last 'decision') ?
If accepted, will they pay assesment rate until a further ATOS?
Can't they (the DWP) just say the FTT says 'not entitled', and use this to reject my new claim?
Getting worried now as money stopped, but I am determined to fight on as I am not a Liar/Sciver etc..
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago - 11 years 10 months ago #108077 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Bit confused.. 6month rule..
RJ
The "six month" rule is often misstated or shortened for convenience.
However, based on your post it does not apply to you, as the previous Decision on your claim was in December 2012 which is more than six months ago, therefore there should be no problem with you making a new claim.
Whether you receive payment will depend on whether you are eligible for ESA(CB), could be limited to 365 days, or ESA(IR), no limit on payments.
Gordon
The "six month" rule is often misstated or shortened for convenience.
However, based on your post it does not apply to you, as the previous Decision on your claim was in December 2012 which is more than six months ago, therefore there should be no problem with you making a new claim.
Whether you receive payment will depend on whether you are eligible for ESA(CB), could be limited to 365 days, or ESA(IR), no limit on payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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- RobJean
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11 years 10 months ago - 11 years 10 months ago #108078 by RobJean
Replied by RobJean on topic Bit confused.. 6month rule..
My ESA claim have been based on ESA(IR).
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108080 by Gordon
Then there should be no problem with payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Bit confused.. 6month rule..
RobJean wrote: My ESA claim have been based on ESA(IR).
Then there should be no problem with payment.
Gordon
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11 years 10 months ago - 11 years 10 months ago #108084 by RobJean
Replied by RobJean on topic Bit confused.. 6month rule..
Thanks for that Gordon, I will keep fighting.
1 other quick question:
If I am allowed to appeal to the UT, will I be entitled to (apply for) legal aid and/or representation by solicitor, to better put my case in the terms of the Law?
Thanks,
Rob.
1 other quick question:
If I am allowed to appeal to the UT, will I be entitled to (apply for) legal aid and/or representation by solicitor, to better put my case in the terms of the Law?
Thanks,
Rob.
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108085 by Gordon
Legal Aid should be available to claimants making appeals to the Upper Tribunal, usually the problem is finding a an advisor with experience in this area to represent you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Bit confused.. 6month rule..
RobJean wrote: Thanks for that Gordon, I will keep fighting.
1 other quick question:
If I am allowed to appeal to the UT, will I be entitled to (apply for) legal aid and/or representation by solicitor, to better put my case in the terms of the Law?
Thanks,
Rob.
Legal Aid should be available to claimants making appeals to the Upper Tribunal, usually the problem is finding a an advisor with experience in this area to represent you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RobJean
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