ESA Appeal Later Today, how do I make A New claim if turned down please?

Saetana

My husband's ESA appeal is later on today. We have no idea how it is going to go but have been told that if any of his conditions has worsened since the last assessment we can put in a new claim if he is turned down at appeal. As this is the case (the assessment was nearly 12 months ago) then how do we go about it please? And what happens about his benefit once we have a decision on the appeal as the DWP currently have a 3 month sicknote from our GP that does not run out until beginning of November please? Do they stop benefit immediately or give some notice?

The main problem with our original claim was that we didn't understand about the descriptors (CAB helped with that for our appeal) and, in any event, some of my husband's conditions do not fit neatly into the descriptors.

Any help very much appreciated

rogerblack

The appeal will only look at your husbands condition as it was at the time of the original decision. It cannot by law look at his later worsening.
If the tribunal decide that he was fit for work at the time of the decision, his payments will stop shortly afterwards.
When the DWP process the tribunal result, a few days after the tribunal. He may get one more payment, as ESA is paid in arrears.
Any appeal to the upper tribunal would not be paid during.

As to how you make a new claim - basically phone up the number on the letter, and say 'I'd like to make a new claim' - they will take details over the phone, and you will be asked to confirm these in writing - then payment should start at the assessment rate of ESA fairly soon.

Saetana

rogerblack wrote: »

The appeal will only look at your husbands condition as it was at the time of the original decision. It cannot by law look at his later worsening.
If the tribunal decide that he was fit for work at the time of the decision, his payments will stop shortly afterwards.
When the DWP process the tribunal result, a few days after the tribunal. He may get one more payment, as ESA is paid in arrears.
Any appeal to the upper tribunal would not be paid during.

As to how you make a new claim - basically phone up the number on the letter, and say 'I'd like to make a new claim' - they will take details over the phone, and you will be asked to confirm these in writing - then payment should start at the assessment rate of ESA fairly soon.

Thanks very much for your help - we just got back from the tribunal and we won our appeal, my husband was placed in the work capability group for 12 months

HB58

'Congratulations' on your husband's tribunal result (if congratulations are the right thing to offer someone who has been assessed as too ill/disabled to work!).

If your husband is on Contributory ESA this will be limited to 365 days of payments so, depending on when the first decision was made, he could be due to be means-tested for income-related ESA soon - if it hasn't happened already.

help4help2013

well done glad it all went ok for you both