esa tricky one! not the usual questions asked! advice needed

ilovecows

Right where do i begin.....

I claimed esa in april 2009, went to atos medical in august 2009 and was given results beginning sept 2009 saying i scored zero.

I appealed immediatley, beenfit was reinstated and then in march 2010 my appeal was rejected so it went to tribunal in july 2010.
I could not attend as i was sick but i allowed the hearing to continue. They rejected my appeal and i was told my esa had been stopped in july. I reaaplied for esa straight afer with no gaps and it was rapidly reinstated as i was still unfit for work and my lung condition is actually getting worse.
so my old claim ran from april 09-july 2010 and my new claim runs from mid july 2010 to present....


now for the tricky bit....

I had another medical with atos last week, i rang esa today to find out i have passed, yipppee! dont know my score yet but its obviously 15 or more. (why did i score zero last time??)

They said my esa will go up from end of sept as it will be the 14th week and i am in the work related group.

My question is i should of received the higher rate pay since last year as my condition is the same.
There is no gaps between my claims so what can i do about getting my claim looked at again?

Indie_Kid

It's a new claim, that might be why.

jenn-1

Your new claim won't link to the old one as you were found fit for work by the tribunal etc.

If you had just simply closed your claim because you had found work at the beginning of July and then claimed again at the end of July then your new ESA claim would have probably linked to the old one.

Hope this helps.

ilovecows

No i did not start any work, my claim ended on july 5th and new one started from following week as it was a rapid reclaim.

all im sayin is how can the tribunal say i was fit for work and score me zero, then a few weeks later have a new medical and score 45 points and put me on main phase