ESA advice

platterpete

I suffer from anxiety attacks and depression and last July I had to leave my self-employed job as I could no longer cope with basic daily life. I applied for ESA and after months of waiting, lost paperwork etc, started receiving the assessment rate payments in November.
In Jan 2010, I recevied a letter to attend the ESA medical, which as you can guess scored 0 points, I appealed straight away (waiting tribunal date) and and my ESA was re-instated at assessment rate (which is all I have ever been paid).
After a few months of Stress counselling via my GP and attending CBT via DWP, in May I felt ready to start work again, I found a job but 8 days into the job all the anxiety attacks and stress came back and I had to leave.
I phoned DWP to inform them and they told me that I wasn't entitled to claim ESA again and they would send my another appeal form, I completed this last week and sent it along with a 6 wk paper from my GP. On Saturday morning I received a letter stating that they would look at my case and If they felt that they had made the wrong decision they would contact me.

So Sorry for the long post but I am interested to find out what people's advice would be. Do you think they are likely to re-instate my ESA? If not, I am not fit for work but not entitled to any money?

NASA_2

You've made a fresh claim within six months so there are a number of things that could be required ie. a new WCA.

Not sure why they are sending out appeal forms again though - your previous award was ended. I assume the appeal hearing was cancelled when you returned to work?

platterpete

Hi Nasa, thank you for your reply, I am not sure why they have sent another appeal form either. I thought that there was a 12 wk & 104 wk 'linking rule' with ESA, where you could re-claim your benefit if things didn't work out..maybe I am wrong????

Robbie64

platterpete wrote: »

Hi Nasa, thank you for your reply, I am not sure why they have sent another appeal form either. I thought that there was a 12 wk & 104 wk 'linking rule' with ESA, where you could re-claim your benefit if things didn't work out..maybe I am wrong????

there are two linking rules for 12 weeks (to link periods of ESA) and 104 weeks (to link periods of ESA of 13 weeks or more in duration following a return to work within a month of a ESA claim ending) but they don't apply in this case since ESA was in payment simply due to an appeal being lodged.

speedfreek1000

I'd seriously suggest you pick up the phone and make contact with DIAL or a local Welfare Rights/CAB office for help with this.

You will get a more definite response & hopefully they will be able to represent you and assist you through this.

amus

Because you failed your medical and payment was only subject to appeal, the linking will not apply as technically you are classed as disallowed. With ESA you are able to 'try out' work for 14 days without your benefit being affected if it doesnt work out, however again, due to appeal status on the system this will not apply. As far as I can remember your claim will now be classed as a new claim within 6 months of a disallowance, and its reinstatement will be the decision of a DM (this may be why you have recieved an appeal form?), and can be subject to passing a medical before payment will be reinstated (usually though this harsh treatment is reserved for those who have been disallowed for reapeatedly failing to attend medicals so you may be OK).