Down right refused ESA

Cpt.Scarlet

The six month rules is often mis-stated even by the DWP, there is nothing stopping a claimant making a new claim for ESA within six months of a previous Decision of Fit for Work, however, you will not be paid until six months have elapsed or you attend a WCA.

Arwen

If they have turned you down for ESA, you can appeal this decision.You have ONE MONTH from the date at top of letter. Go to your local advice agency and get someone to represent you. (this is what I do for a living)

You will get paid ESA at the £71.70 rate while your appeal is being decided.

pmlindyloo

Arwen wrote: »

If they have turned you down for ESA, you can appeal this decision.You have ONE MONTH from the date at top of letter. Go to your local advice agency and get someone to represent you. (this is what I do for a living)

You will get paid ESA at the £71.70 rate while your appeal is being decided.

The OP's decision was n February so way out of time.

paddedjohn

OP you need to get as much evidence that you can that its linked to your previous bouts of depression, it could help you.

epitome

You failed in February... then what did you do? Did you appeal and lose the appeal in June hence the new claim in July?

What exact date was your disallowance from in February?..."we cannot pay you ESA from Feb xx 2013"
if you make a new claim from now you should be paid,
new claim from the July 1st you won't get paid.

They should not have refused or disallowed the new claim from the outset, the new claim is supposed to remain open without pay until you have had a new assessment. Then you can be paid on appeal.


You can still "late appeal" the February decision, it will have to validated & accepted as a late appeal.

tokenfield

epitome wrote: »

You can still "late appeal" the February decision, it will have to validated & accepted as a late appeal.

You will have to provide extremely compelling reasons for the delay of 5 months.
My delay was just under 2 months and it was refused with the Tribunal telling me that my excuse was weak and it was my responsibility to ensure an appeal was lodged in time.

The original notice was sent to the wrong address and by the time I received a copy I was out of time for an appeal.