ESA Tribunal Failed.

Rocketronnie7

Ok here's the quick end of the story.

My father was on income suport sick/dla in 2008 for many year's and relocated to live with his partner so he gave up his income support sick.

Come May 2010 had to reclaim ESA as all other sickness benifit's had ceased.

July 30th he had a medical and failed got 0 point's, come today for his appeal he got failed and only got 6 points today.

So the question is can he reclaim ESA as a new claim as he can still get sicknote's from the doctor's and it's just been over 6 month's?

Any help would be muchly appreciated.

cit_k

As far as a I recall, you can reclaim after a period of 6 months.

However, you are probably best consulting with a welfare rights worker or CAB, as you may have other options available also, including a possility of appealing the appeal.

You should be able to put in a new claim and investigate if you can appeal the decision again though.

No idea of circumstances, but lets assume you are sticking with ESA for now, so

I would suggest
a) getting pro help
b) new claim for ESA
c) write to tribunal and ask for a written statement of reasons.

The written statement of reasons can be used to see if there were any errors of law that would enable you to ask for the decision to be struck out, or for a new appeal.

You should get professional help though, if you go that route.

Rocketronnie7

Hi just an update

My father rang up esa new claim's line and he told me that they are sending out some form's and has to get a new sicknote saying that his illness is in a worse state.

It has been over 6 month's nealy 7 since he failed his initial medical.

Is this just protocol for a new claim or have they done something diffrent?

Mupette

i can't give advice, but only to say if you really feel he needs it, keep fighting

parsons

Rocketronnie7 wrote: »

Hi just an update

My father rang up esa new claim's line and he told me that they are sending out some form's and has to get a new sicknote saying that his illness is in a worse state.

It has been over 6 month's nealy 7 since he failed his initial medical.

Is this just protocol for a new claim or have they done something diffrent?

It's 6 months since the date of the letter he received from the DWP telling him that he had failed his medical and that ESA was not going to be paid anymore (that can be up to 4 weeks after the date of the medical itself?.