Should I complete a new ESA claim??

andyandflo

Hi, I seem to be going round and round in circles.

OK here's the facts.
Put my claim for ESA in 22/10/09
Had medical 13/1/10
Failed 3/3/10
Appeal lodged with Tribunal date estimated as September 2010.

Now realised via this site, that had I approached the claim in a different way, the outcome could have been different.

What I would like suggetsions on is do I put in a new claim for ESA, based on the fact that my health has deteriated since the decision of the 3/3/10?

If so, I would get a new ESA50 - this would then be completed in full and submitted with the evidence that has been and is being obtained.

If on the off chance that the second claim failed, I see that I would have two bites at the cherry with two appeal hearings to look forward to.

What problems would I come up against in running 2 claims side by side?

NASA_2

If you put in a new claim it will be what is called a Fresh Claim within Six Months. They will not be able to make a decision on the new claim until a decision has been made on the appeal for the old claim - in the office I work in these claims are stockpiled until the decision is made on the appeal but in other areas the claims may just be disallowed.

You could withdraw your appeal if you think that there is sufficient evidence to prove you have LCW.

If you withdraw the appeal and make a new claim they will require evidence that your condition has deteriorated significantly and it takes longer than the more straightforward claims for a decision to be made - something to bear in mind considering the fact your original claim took a while to come through.