help with esa and reclaiming

sadnconfused · 18 June 2013 at 12:15PM

Hi Im currently on JSA and need to reclaim ESA for the same reason I was claiming before.

I am slightly confused with the 6 months rule for when you can claim again.

Is it for when they stopped paying me when my appeal failed or when they said I was fit for work before I appealed?

any help would be much appreciated.

rogerblack · 18 June 2013 at 12:59PM

An appeal reconsiders the original decision - as if it was happening on the original date.
So, if you had an ATOS appointment on 1 Jan, were denied ESA on the 10th Jan, and went to a tribunal and were denied on Mar 1, the date of the decision is the 10th Jan.
This means that six months on from 10th Jan is the relevant time.

(10th August)

sadnconfused · 18 June 2013 at 3:53PM

Thanks for your reply.

Do you mind if I ask are you 100% sure? as I don't want to reapply too early.

kind regards

nannytone_2 · 18 June 2013 at 4:01PM

roger is correct.
you can claim again 6 months after the original decision to to turn you down

sadnconfused · 18 June 2013 at 4:24PM

Thank you nannytone.

harrys_dad · 18 June 2013 at 5:41PM

rogerblack wrote: »

This means that six months on from 10th Jan is the relevant time.

(10th August)

Which to avoid confusion is 10th July

benefitbaby · 18 June 2013 at 10:15PM

Roger is absolutely correct however there are occasions when ESA can be paid sooner than 6 months and this is possible if you have a new health condition or a deterioration of the existing condition. If either of these apply then you can reclaim and be paid without having to wait 6 months for payment.

help with esa and reclaiming

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