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Possible Scenario?

Given that Atos are making such a pig's ear of the WCA the appeals system is creaking under the ever increasing load of appeals.

If you were waiting for an appeal hearing against being put into the WRAG of CB ESA rather than the Support Group could you (if your appeal still hadn't been heard) just before your one year on CB ESA comes to an end submit another claim for CB ESA in the hope that this time Atos would do their job properly and place you into the correct group i.e. the support group?

In other words can you have 2 CB ESA claims running in tandem?

Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    No.
    You would have to close your existing claim, and open a fresh one.

    Only in very limited circumstances (if you have contributions adequate and recent enough to allow your fresh claim to succeed) would it be worth breaking your claim for the required number of weeks, and then making a fresh claim.
  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    It's also worth remembering that you'll have to go through a 13 week assessment period, assuming it's that short, at a reduced rate, the completion of a new ESA50 and possibly a new medical, all with no guarantee of better success.
  • I would keep going with the appeal tbh - I won my ESA appeal a year ago and when the sent reassessment forms this year I actually passed without a medical on the strength of my appeal last year. Apparently they now consider appeal outcomes when reassessing.
  • schrodie
    schrodie Posts: 8,410 Forumite
    rogerblack wrote: »
    No.
    You would have to close your existing claim, and open a fresh one.

    Only in very limited circumstances (if you have contributions adequate and recent enough to allow your fresh claim to succeed) would it be worth breaking your claim for the required number of weeks, and then making a fresh claim.

    Does that also apply for a DLA claim? In that can you open a fresh DLA claim if your condition as deteriorated whilst waiting for an appeal of a previous claim?
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    schrodie wrote: »
    Does that also apply for a DLA claim? In that can you open a fresh DLA claim if your condition as deteriorated whilst waiting for an appeal of a previous claim?

    Not quite, as DLA has none of the time-limiting rules.

    For DLA, the issue would be that if you make a fresh claim, and get awarded LRM/LRC (say), and then the appeal comes through, and you get HRC/HRM.

    The award of HRC/HRM only applies up until the date of your new claim, at which time it drops to LRM/LRC.
    You then would need to seperately appeal that decision.

    It depends basically on how likely you think you are to get DLA at the correct rate, after the worsening, and if you're willing to go to tribunal again.

    Of course, the flipside to this is if you get no (or a very low award) from the tribunal, that award stands until you make a fresh claim.

    In principle, in some cases, a fresh claim, if turned down before the tribunal has made its decision may be appealed jointly with the original decision.
    But this has risks of its own, in addition to the delay.
    If the tribunal turns down both applications, then there is no redress, other than a fresh claim.
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