ESA 6 month rule

JasonW88

Hello everyone

in October 2011 i failed my medical by scoring 0 points and then appealed it.. i was told my tribunal would be June 2012, but before this period i had took a turn for the worst due to a mental health issue, my normal issue being i suffer from chronic back pain as i am 6 foot 7 and heavy lifting as my job all my life had taken its tole on me. I divorced in 2009 and things havent been the same since with debts i have only managed to pay off by the skin of my teeth my doctor has told me my mood swings and quiet days and panic attacks over the silliest things are that of anxiety and depression. There is no way i can get back into work with the way my back is unless i can get a job as a matress tester, then bring it on. i cant sit up right for long as my back starts to hurt and if i walk for long periods i need to lay down its the only way i can get pressure off my back. my GP has advised me on countless occasions to rest as much as i can and not to return to work

anyways i recieved a P45 today this signalling the end of my ESA claim as i was also not payed at midnight on a tuesday like usual. i have many times wanted to phone up and change my claim but was once told to wait until my claim had ended before i put in a new claim. As i say my medical was in October of last year and it is now 9 months on or less give or take..
does the 6 month rule apply from October 2011 or will it apply from this week as i know my ESA has ended... id like to phone up and make a new claim with the fact i have anxiety and depression along with my back. but would i get anywhere with it? thank you in advance.

Cpt.Scarlet

Your post doesn't make sense!

Are you still appealing the October 2011 decision, if you are, then you should still be receiving the ESA assessment rate?

JasonW88

i failed my medical in october 2011.. i attended a tribunal about my back on 5th June pumped full of painkillers , this month they ruled that the original decision stands. i wanted to know with my circumstances changed which is a new reason which is my anxiety and depression... can i make a new claim in the morning since it is 6 months past the first medical in October. or is it 6 months from this week when i recieved my P45 and my ESA claim had ended?

Muttleythefrog

So it seems you lost appeal. I think you're referring to the 6 month waiting period for re-applying for ESA. This can be overcome if claiming for different or much changed medical circumstances. But it is my understanding the 6 months begins with the WCA decision that was appealed... so that will be probably soon after your medical... when the DWP said you are found fit for work. Therefore you should be able to re-apply now... sicknotes probably required. as standard until you pass the WCA.

ineed

JasonW88 wrote: »

i failed my medical in october 2011.. i attended a tribunal about my back on 5th June pumped full of painkillers , this month they ruled that the original decision stands. i wanted to know with my circumstances changed which is a new reason which is my anxiety and depression... can i make a new claim in the morning since it is 6 months past the first medical in October. or is it 6 months from this week when i recieved my P45 and my ESA claim had ended?

I think you can reapply now, you'd need proof your condition has worsened. Do you claim any other benefits? It might be an idea to chat to CAB.

JasonW88

My circumstances have changed and it would be a fresh claim with a different health problem. I was told to wait for the outcome of my current claim before making a new one. I just wanted to know if I could go ahead with making a new claim as my medical was in October last year

broad-sword_2

Muttleythefrog wrote: »

So it seems you lost appeal. I think you're referring to the 6 month waiting period for re-applying for ESA. This can be overcome if claiming for different or much changed medical circumstances. But it is my understanding the 6 months begins with the WCA decision that was appealed... so that will be probably soon after your medical... when the DWP said you are found fit for work. Therefore you should be able to re-apply now... sicknotes probably required. as standard until you pass the WCA.

That's right, you can make a new claim, clean slate as it were, from 6 months after the date you were found fit for work. Within 6 months it needs to be a new or worsening condition

mazza111

We were advised to make a fresh claim as the condition had worsened considerably, while waiting for the tribunal hearing. It did mean handing a new fit note in with the different condition on it though.

epitome

ineed wrote: »

I think you can reapply now, you'd need proof your condition has worsened. Do you claim any other benefits? It might be an idea to chat to CAB.

Hi,
As it's been more than 6 months since his claim was closed in October he would not need proof of a worsened condition.

epitome

OP,

You can claim again now and be paid on the new claim whether it be the
same condition,
same condition but worsened or
different condition.

The 6 months runs from when they closed your claim back in October.

You were badly advised not to make a new claim, you could have claimed again within 6 months (before the tribunal) if you had a different condition or the same condition had worsened. Had you made the new claim you would not have been on any more money, than you were getting on appeal, but you would eventually have had another medical which if you had passed you would then have been paid arrears of the WRAG premium (£30 pw) to the start date of the second claim.

WIL

I had my medical assessment in December 2011 and was(wrongly)found fit for work, I appealed the decision which was heard in August 2012 but it was upheld.

Now if I make a new claim when does the 6 month rule start from? I spoke to Citizens Advice over the phone and she told me it was December 2011, which would mean I'm able to make a new claim. I then arranged an appointment a week later and was told by a different person the 6 month rule starts from when my appeal was heard in August 2012:mad:

I really need some help. Which one is correct??