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Applying for ESA after appeal disallowed

Hi. In Jan I had a ESA appeal turned down by the tribunal. I now have applied for ESA again and have sent them evidence that my condition (depression) has worsened in the last 6 months. The ESA woman on the phone said that all the papers I sent were ok but because I am applying for ESA for the same condition they may have to send me to another 'medical examination' first to see if I can get it. I know these 'medical examinations' are set up pass the claimant fit for work regardless of the state they are in. My question is though can I appeal again and get paid (including backdated money to Jan, when I made the fresh claim) if the 'doctor' at the 'examination' declares me fit for work?

I have already tried suicide because of this crap, last time it was with pills now all I can think of is a rope to make sure of it if they leave me without any money now.

Comments

  • viktory
    viktory Posts: 7,635 Forumite
    Your post is confusing - you say that your appeal was rejected in January and you have now applied for ESA again - then ask if you can receive backdated monies to Jan, when you made a fresh claim? So was it Jan or Feb that you made another claim for ESA? I thought that there had to be a gap between claims if an appeal had failed?

    I doubt very much that they will backdate to the date of your failed appeal but frankly, nothing would surprise me!

    Do you have medical help, a CPN or some such? What care has your Doctor offered?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    If the Tribunal has found that you are fit for work, then I would seriously consider looking at options at getting back into work. Perhaps, with the right support, it could help your condition?
    Gone ... or have I?
  • tod123
    tod123 Posts: 7,021 Forumite
    Can the OP claim JSA? It seems a little less drastic .
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    Trying suicide because your benefit claim got turned down?

    Some people, not necessarily the OP, think this is reason enough for them to be treated differently to everyone else.

    When was your original disallowance? Was the original disallowance more than six months ago? If the original decision was more than six months ago then there is no reason for it to be treated as a fresh claim within six months. If the original decision to disallow was within six months then they will go through the process and make a decision to either allow the new claim from the date of claim (Which may be different than the date the OP wants) or they will disallow again - this can be appealed and is a payable appeal assuming the disallowance was for a low score at the WCA.
  • Dmg 24 - a
  • viktory
    viktory Posts: 7,635 Forumite
    Dmg 24 - a

    ???? Is is a competition? Do we have to guess the adjective?
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    viktory wrote: »
    ???? Is is a competition? Do we have to guess the adjective?

    I'm guessing bluetoffees does not like common sense answers - god forbid that a Tribunal could be right! ;)

    In fact, looking at their other posts - I am guessing they are not as new as they appear!
    Gone ... or have I?
  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    dmg24 wrote: »
    I'm guessing bluetoffees does not like common sense answers - god forbid that a Tribunal could be right! ;)

    In fact, looking at their other posts - I am guessing they are not as new as they appear!

    Hm, me to and the name is a clue to who I think it is :p
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