Refused ESA after appeal, what next?

epitome

There are lots of appeals done & dusted now within 6 months some taking 7 - 8 months. The time taken is being reduced.

To OP,
You need to look at fathers September/October letter the one he appealed, the one that says "we cannot pay you ESA from xx/xx/2012 because you are fit for work." If you can't find this date then phone up and ask what the date of disallowance was.

If you make a new claim to ESA within 6 months he will only be paid on the new claim

• If you supply new med3 with a different medical condition
• If you supply new med3 saying your existing medical condition is now "significantly worsened"
• After you have attended a new WCA

It could take about 13 weeks to get your new WCA appointment. During which time he will not be paid.

He could claim Jobseekers allowance until the "6 months" has passed and then claim ESA again.

epitome

Does he have a partner or more than £6,000, or more than £16,000

His current claim will be closed down soon of not already, he should find out the date of closing the appeal claim down (date of disallowance). If more than 6 months just backdate the new claim to the date of disallowance which is likely going to be today Tuesday 26/02/2013.

He makes a new claim to ESA backdated to the date of the disallowance, DO NOT backdate to the date he was paid up until because there will be an overpayment from the 'disallowance date' to the 'paid until date' that he will have to pay back.

DO NOT backdate if backdating takes you into the 6 months period.

tn48884

Thank you all so much for your help! I really do appreciate it! I will take all your advice on board! I LOVE this forum xx