ESA advice please

judy2357

I would be grateful for some factual advice re ESA - is it possible to start up a new claim for ESA and appeal an old claim at the same time. It seems impossible to phone anyone at the moment to obtain this information. The number for the old claim just rings and rings and then clicks off. On ringing the number for a new claim the person that answered the phone didnt know the answer, have tried CAB but theres no-one to speak to there either.

Many thanks in advance.

mazza111

I was told yes by welfare rights officers. It would take a new docs certificate, however, we never received the new claim form through the post. So I'm unaware whether the claim is going through at all or not, while we wait on the tribunal date.

It's usually used if you have a different medical condition or severe changes to your medical condition. But the rules were changing on the time scale between the original claim and the new one. Hopefully Roger or one of the more knowledgeable people will be along soon

judy2357

mazza111 wrote: »

I was told yes by welfare rights officers. It would take a new docs certificate, however, we never received the new claim form through the post. So I'm unaware whether the claim is going through at all or not, while we wait on the tribunal date.

It's usually used if you have a different medical condition or severe changes to your medical condition. But the rules were changing on the time scale between the original claim and the new one. Hopefully Roger or one of the more knowledgeable people will be along soon

Will try and outline as quickly as poss the scenario – 28year old son suffered for approx 3 years with ulcerative colitis and eventuallywas rushed into hospital to have an emergency op to remove his colon. This also resulted in him having a ileostomybag. This was followed by 2 more ops,one to create a pouch to replace his colon and the next to connect him back upagain.


During this period he was on ESA, he was turned down acouple of times but was awarded the higher rate at a tribunal. In theory is should really be back to normal, although his stomach looks as if he has been attacked by Jaws and he needs to use the toilet about 7 times a day and twice during the night. The problem is now that after attempting a couple of small jobs he has a large hernia and is awaiting an appointment withthe hospital again. In the meantime he has had his ESA stopped due to a medical where he obtained nil points. He wastold he could appeal but I am thinking it may be best if he starts from scratch and begins a new claim. Forgot to mention he is a builder.

Sorry - thanks for replying

mazza111

I'm really not sure on this, because I was told yes, but then they've said no. I think the best people to ask would be the Welfare rights officer at your local social work department.

When my daughter was originally signed off it was due to depression and mobile joints. Now the order has changed and it's recurrent dislocations and depression....


I really don't know if the 2nd claim is going ahead or not. As we didn't receive any paperwork, we've actually been told to keep the tribunal going, even though her condition has most definitely worsened since then. She only had one knee problem at the time of the medical. She's now got both knees dislocating all the time, one requiring surgery, a dislocating shoulder, slipping wrists and ankles. Wears supports in knees, wrists and ankle boots to support her ankles. It's been a nightmare because the original WCA only looked at her depression as the ESA 50 went missing.

judy2357

mazza111 wrote: »

I'm really not sure on this, because I was told yes, but then they've said no. I think the best people to ask would be the Welfare rights officer at your local social work department.

When my daughter was originally signed off it was due to depression and mobile joints. Now the order has changed and it's recurrent dislocations and depression....


I really don't know if the 2nd claim is going ahead or not. As we didn't receive any paperwork, we've actually been told to keep the tribunal going, even though her condition has most definitely worsened since then. She only had one knee problem at the time of the medical. She's now got both knees dislocating all the time, one requiring surgery, a dislocating shoulder, slipping wrists and ankles. Wears supports in knees, wrists and ankle boots to support her ankles. It's been a nightmare because the original WCA only looked at her depression as the ESA 50 went missing.

Oh dear what a worry for you, thank you for trying to help will wait and see if anyone else on here has any info, its just a pain not being able to speak to anyone on the phone nowadays.

mazza111

I think the general opinion is definitely to keep the old claim going. And go to tribunal. But you really could contact your local social work dept and ask to speak to the Welfare Rights Officer. They have taken over the tribunal for my daughter and have been very helpful, I only wish I had got them involved from the start.

It's weird, I know there are different criteria, but since she was refused for ESA, she's been awarded DLA. Higher rate for mobility and lower rate for care. It seems ESA don't take pain into consideration :wall: