ESA six month rule

assis12

Hello All, I am new to this forum. I went for my medical at ATOS in July 2011. I failed the medical i think i scored 6 points. So i appealed the decision.
I eventually went to the tribunal on 29/6/2012 I sadly lost the appeal. I am a bit unsure what to do next.
Can someone plz clarify the 6 month rule for me. Is it 6 months after the tribunal date you can reapply? Or 6 months from your ATOS medical?

rogerblack

It is 6 months since the decision was made - which will be some days or weeks after the medical - shortly before you got your 'no' letter and went on to appeal.

And strictly, as I understand it, you can apply again straight away, but would not be paid until you passed the medical.
If you apply after 6 months, you go through the 13 week assessment process, medical, ...

Key points - understand what the criteria you may qualify for ESA are. http://www.dwp.gov.uk/docs/m-06-11.pdf has a list.

Gather evidence to support these.

In principle, if the tribunal has made an error of law, you might appeal this - your first step if you were considering this route would be to write to the tribunal, and request a written statement of reasons.
Then find someone who can advise you once you recieve this, as to if there has been an error.

assis12

Thank you Roger for your reply I appreciate it. I am not going to apply to the upper tribunal i think my chances of success are slim to none.

Sorry if i sound a bit dumb but i just want to confirm a couple of points with you.
Please correct me if i am wrong:

1. So i can make a new claim for ESA because it's more than six months since i failed my medical with ATOS.

2. It's the second point i am bit confused can you please clarify for me. Do i have to pass my medical examination before i get paid any money? Or, will i continue receiving for the first 13 weeks assesment rate?

Thank You

rogerblack

If you make a fresh claim, if it's been 6 months since the decision (not since the medical) - then you will be paid the assessment rate, and go through the medical around the 13th week.

Understand the criteria for ESA, and gather the evidence you can to meet those criteria.

assis12

I went for my medical in July last year and i think i got the decision withing about one or two weeks if i recall it was pretty quick.
Anyhow, thank you for taking the time and clarifying Roger