howwhat why, ? such a dreadfull mess, what should

sunshine wrote: thank you, i was at hospital all afternoon yesterday and had to leave in the morning as it is 1hr 40 mins away!
I was made to wait from thurs afternoon at court appeal to monday lunchtime post for my refusal! i would have much prefered to find out there and then.

I havelooked around at the pages been suggested and,
My intitial refusal was well over 6 monthes ago, ( have been told to fill new claim for esa but with worse or different condition) BUT reading online it looks as if I can use the sam main condition And to my much relief get basic ESA payments whilst the are looking at the new claim ( jobcentre plus 3 tdifferent calls said I would have no money at all to live on and offered local food bank phone number).

I read the right info ladt night and you can imagine my relief atleast a little money will continue to come to me once new claim is with the jobcentre.
I intent to try upper tribunal on points of law, there were a few possibilities , bu i will need legal advice for atleast the first stage to check that can appeal higher.

?? I have 30 days to apply for reasons of why refused on appeal and the 30 days from receivng to make higher appeal if going to. bearing in mind xmas is in the middle of things. Would it be best to get reasons now or wait a couple of weeks?? this would more me past some of xmas???

??? new esa claim form on route to me, would it be better to have the reasons in fromt of me before filling in esa??? i dont know how long it will take to get reasons from te court?
can not get gp appt until mid next week, wanted his input if possible on new claim??? can i should I give him a copy of my submission to read in advance( as I don't think he will know all the ways it effects me) , or is this very un wise?

Would talking to gp about , about the realistic unable to search/work? see if he would wrte the sentence which omits from being considered as would worsen health. I have not fit note from gp already , so he knows i can't do work and this has been on going for last aprox 7 years??

sorry know that is a lot in one go , but anything you are able to answer now or later will be wonderful.thank you

Hi s,

"?? I have 30 days to apply for reasons of why refused on appeal and the 30 days from receivng to make higher appeal if going to. bearing in mind xmas is in the middle of things. Would it be best to get reasons now or wait a couple of weeks?? this would more me past some of xmas???2

I will refer you back to "2. The FTT’s decision" and "3. Asking the FTT for leave to appeal"

From this document : Appealing to The Upper Tier, DR UK Factsheet

You have one month from the date of the decision notice to request the Statement of Reasons, then a further month to request an appeal to The UT.

You should work this out to encompass the Xmas period, without going over the deadlines.

"??? new esa claim form on route to me, would it be better to have the reasons in fromt of me before filling in esa??? i dont know how long it will take to get reasons from te court?
can not get gp appt until mid next week, wanted his input if possible on new claim??? can i should I give him a copy of my submission to read in advance( as I don't think he will know all the ways it effects me) , or is this very un wise?"

The initial ESA claim form is not an ESA50, it is an ESA1, this can be found on this link :

www.gov.uk/employment-support-allowance/how-to-claim

You will also have to obtain a fresh fit note (Med 3) from your G.P. to accompany your fresh claim.

As this will be classed as a new period of "sickness" (LCW) your first two fit notes cannot exceed periods longer than 3 months each, the 3rd fit note and subsequent ones can be for 6 months or longer.

Keep copies of the fit note and the ESA1.

Therefore your G.P. will not have to go into any detail on the fit note, he will simply have to state your medical conditions, as with a normal fit note.

He may provide further details when you reach the ESA50 stage of The WCA.

If the G.P. is to support you with your UTT appeal (if you can make one) that should be treated as a separate issue.

Remember though that the UTT will only look at the evidence used in the FTT hearing, and whether the FTT have erred in law.

Of course, any such evidence must be applicable to the time of the original adverse decision that you appealed.

"Would talking to gp about , about the realistic unable to search/work? see if he would wrte the sentence which omits from being considered as would worsen health. I have not fit note from gp already , so he knows i can't do work and this has been on going for last aprox 7 years??"

Again, any supportive evidence such as this should be used at the ESA50 stage, and is not needed initially when making the fresh claim using the ESA1 and the fit note.

If you have any problems with The DWP making the fresh claim, you may wish to print off a copy of ESA Reg 30 (2) (b) :

www.legislation.gov.uk/uksi/2008/794/regulation/30/made

and send it to them.

Hope this helps.

bro58

thankyou.
Have got form and filling all out, also have hopefully the gp doing fit note today , so will be able to send all off tomorrow.
thats if i can find all the tiny details.

thankyou so much for your help, i hav just read another topic which was exctly what i was wondering about.

all the best.

do you know if i should have got a letter saying that they are stopping my benefit? I have only had the letter from the appeal court saying refusal.

sunshine wrote: thankyou.
Have got form and filling all out, also have hopefully the gp doing fit note today , so will be able to send all off tomorrow.
thats if i can find all the tiny details.

thankyou so much for your help, i hav just read another topic which was exctly what i was wondering about.

all the best.

do you know if i should have got a letter saying that they are stopping my benefit? I have only had the letter from the appeal court saying refusal.

Hi s,

Yes you should also receive a letter from The DWP confirming the tribunal decision, and a date of when your assessment rate ESA ceases.

Good luck, and please keep us updated.

bro58