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TOPIC: should I make a new claim or persue old one?

should I make a new claim or persue old one? 6 months 1 week ago #223839

I was claiming ESA in 2017 when I was called for my medical. I was awarded 0 points and put onto JSA while I appealed the decision (mandatory) I again was awarded 0 points. I suffer from fibromyalgia and back problems. I sent off my appeal to take this to court as the report was terrible and was full of lies. I received a confirmation that the court had received my application which was back in the autumn of 2018.I was put back onto ESA until the court case, and have to provide a sick note every month. I was told that the waiting time was 42 weeks which would bring my court case to around march 2019. November 2018 I was rushed to hospital and diagnosed with Longitudinally extensive transverse myelitis (LETM) which has left me with total loss of sensation in both my feet, legs and torso up to my chest. I have also lost my bowel control. I am confined to a wheelchair when out and can only manage on a zimmer frame in the house with a struggle, though I can not stand for more than a few minutes. As this is a rare condition, the doctors don't really know how much I might get back if anything, and it has been nearly 2 months and nothing has changed yet.
The question is - do I pursue my old esa claim that is going to court, or do I need to do a new claim as this new medical problem has completely taken over my life.
Any input would be really helpful, thank you.

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should I make a new claim or persue old one? 6 months 1 week ago #223858

S

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

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The panel for your appeal can only consider your conditions and limitations as they were on the date of the Decision you are appealing, any changes since then cannot be looked at.

You can make a new claim based on your current problems, your GP will need to confirm that there has been a deterioration, just be aware that the new Decision will limit the result of your appeal, which you can continue with if you wish.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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