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GOOD NEWS

Annabelle26

I had some good news Friday about my ESA Appeal at the Tribunal. The Tribunal has allowed my Appeal & that I had good cause for failing to attend (I had Gastroenteritis & was advised to isolate myself). However they said I must make every effort to attend the rearranged medical assessment in order that her entitlement to ESA can be properly assessed. The Decision Notice was dated 24th July 2018. I have not yet heard from the DWP about the matter. I am getting concerned as I started a new claim for ESA at the beginning of July & have to send some documents to them about my pension & services charges for my flat by 11th August so I am not sure what to do. The original claim was for contributory ESA & put me in the Support Group so I am hoping they will just reinstate the claim.

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Comments

Chloe_Alumni

Thank you for sharing this good news @Annabelle26

Sorry to hear you were unwell but I hope you are able to get things sorted soon and get the award that you are entitled to! Please do keep the community updated, we love to hear from you

poppy123456

Annabelle26 said:

I had some good news Friday about my ESA Appeal at the Tribunal. The Tribunal has allowed my Appeal & that I had good cause for failing to attend (I had Gastroenteritis & was advised to isolate myself). However they said I must make every effort to attend the rearranged medical assessment in order that her entitlement to ESA can be properly assessed. The Decision Notice was dated 24th July 2018. I have not yet heard from the DWP about the matter. I am getting concerned as I started a new claim for ESA at the beginning of July & have to send some documents to them about my pension & services charges for my flat by 11th August so I am not sure what to do. The original claim was for contributory ESA & put me in the Support Group so I am hoping they will just reinstate the claim.

Hi,

The Tribunal decision means that they accepted your reasons for failing to attend the assessment but it doesn't mean you don't need an assessment. The DWP still have 28 days to appeal the decision, the same as anyone else. To do this they have to ask for the statement of reasons. I highly doubt they will do this but it can happen. What happens now is your file will be returned to the assessment providers who will then assess you, whether it be a paper based assessment or a face 2 face one, either way one of these will still be needed. I'm afraid it could still take months for this, even more so if you need a face 2 face assessment.

Was there any reasons why you re-applied and started a new claim in July? Starting a new claim may not have been the best decision to make, unfortunately it's done now.

Annabelle26

I was advised to by my work coach at the Jobcentre. I was having to claim JSA. I had gone to see my GP & he renewed my Fit Note for another 3 months which took me past the end of my JSA entitlement so she suggested I put in a new claim by ringing the new claims line. I queried my existing claim but she said it was all on the record & would not affect it. Personally I think she wanted me off her list as I was not doing well as I had had a couple of anxiety attacks there & my work capability is limited.

poppy123456

It will affect it. Any decision made on that new claim will over rule a decision made on the previous claim. Also because you started a new claim, if you're put into the WRAG with that new claim then the new rules will apply to you. New rules for those that claimed after April 2017 means they won't be paid any extra for being in that group. Sometimes it's not always the best idea to take the first advice you're given. Have they accepted your new claim?

Annabelle26

I did it over the phone. They sent me the customer statement which I was not happy with & rang the benefit centre who told me to put the details in writing . I also have to send them information about my pension by 11th August. I am not sure when I was to swop over from JSA to ESA.

poppy123456

That's how you claim for ESA yes, over the phone. The reason they've asked for your pension details is because this can affect any ESA you claim.

As you were previously found fit for work then the only way you can start a new claim for ESA is for a worsening of an existing condition or for a completely new condition. A decision maker will then take a look at your new claim and decide from there. They will write to you with a decision. If they accept it then you'll be on assessment rate until you've been assessed. I'm guessing your payments for this ESA claim haven't yet started?