Employment and Support Allowance (ESA)
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Appeal failed

DC22DC22 Member Posts: 1 Listener
I would be really grateful for any advice. Just found out my appeal has failed.  I have been told that I can apply for Incapacity benefit but the reason for my ill health has to be totally different from the original diagnosis. Is this correct?

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hello DC22 and welcome

    Was your appeal for ESA or PIP ?

    CR
    Be all you can be, make  every day count. Namaste
  • tommtomm Member Posts: 231 Pioneering
    edited January 2018
    Sounds to me like the OP claimed ESA, and where making some degree of reference to the  rules regarding being able to claim for newly diagnosed or and a significant worsening of an existing condition (already known to the DWP) ESA replaced Incapacity benefit ,pIP is a different kettle of fish,  as far as i'm aware you can make repeat claim s for the same conditions without issue ,(they don't pay until the assessment )

    In which case, the answer would be yes, you can make a new claim for the above, but would need some form of proof  to back this up, the DWP DM will then look at this and decide to allow and pay assessment rate until the WCA or if they  don't accept this  will still allow the claim but not pay you assessment rate up to the WCA

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi DC22,

    If you are not happy with the tribunal's decision you can ask for a statement of reasons and a record of proceedings to see if you can find an error of law. This is very difficult to do unless you are a trained adviser so you may need some help locally if you decided to do this.
    As your appeal has failed you cannot claim ESA again unless you have a new health problem, or unless your existing health problem has deteriorated, which must be backed up by a GP's note or letter. 

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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