ESA - Time to try again?

rogerblack

AshleyAlden wrote: »

. Since the depression and anxiety constitute a large portion of my condition, would that all be more applicable in terms of stating why the appeal is late?

Yes.
As would denial and other mental factors.
You can only be refused - and it's possible that it would work.
It's a good investment for a stamp and an envelope - if you believe you actually would have qualified during that period.
In addition, I note that the DWP is not exactly prompt - with it taking most of a year in most places to get to an appeal anyway.

CyberStein

rogerblack wrote: »

Yes.
As would denial and other mental factors.
You can only be refused - and it's possible that it would work.
It's a good investment for a stamp and an envelope - if you believe you actually would have qualified during that period.
In addition, I note that the DWP is not exactly prompt - with it taking most of a year in most places to get to an appeal anyway.

I see. Would you recommend I attempt the appeal and wait off on re-applying for the benefit? I'm fairly worried about my financial situation and I'm going to see my doctor about my issues yet again this Friday. Would you recommend I get him to sign me off? Also, what would you recommend I get round to doing first in order to get some motion here? CAB/Appeal/Re-apply? etc

Thanks.

CyberStein

ArtoDeeto wrote: »

Stop being a wuss and go and get a job like everyone else...

Yeah, one day. But to make a comment like that without knowing the circumstances behind my story is damn ignorant and I don't see how you think your mindless contribution is going to achieve anything positive here at all. This is an issue of mental health and not one of me "being a wuss."

epitome

You need to state good reasons on the appeal why it is late, you need to check that the appeal is recieved and accepted.

You can make a new claim also....You could wait to see if your appeal is accepted as late (generally appeals are accepted or rejected within a week of receipt) and see if by submitting new sicknotes you will be put back onto ESAassessment rate payments....if you are allowed this ...you won't need to make a new claim, and won't be affected by what is written below...

The appeal is the appeal of the original decision. If you win the appeal you get the WRAG from that date, say January 2013 or whatever.

A new claim will be from now (don't backdate the new claim to within 6 months of the original decision date). If the new claim finds you fit for work say in January 2014 you will have to appeal that decision too.

If you win the January 2013 appeal, you will only win arrears up to January 2014 because that is when you were found fit for work again, and you will have to wait for your second appeal to finish on assessment rate.

If it were me, I would see my doctor to confirm I can have new sicknote from today's date atleast...then I would submit a late appeal and wait to see if I can be put back on ESA assessment rate payments on appeal....if for any reason I am not allowed this I would then make a new claim backdated to 7 days before the date of my new sicknote (but not backdated to within 6 months) or ask the doctor for a backdated med3 so I can backdate the new claim the 3 months max (but not to within 6 months)

portly1

epitome wrote: »

You need to state good reasons on the appeal why it is late, you need to check that the appeal is recieved and accepted.

And the longer the gap from date of the decision to the appeal being lodged the more compelling the excuse/reason has to be.

CyberStein

epitome wrote: »

You need to state good reasons on the appeal why it is late, you need to check that the appeal is recieved and accepted.

You can make a new claim also....You could wait to see if your appeal is accepted as late (generally appeals are accepted or rejected within a week of receipt) and see if by submitting new sicknotes you will be put back onto ESAassessment rate payments....if you are allowed this ...you won't need to make a new claim, and won't be affected by what is written below...

The appeal is the appeal of the original decision. If you win the appeal you get the WRAG from that date, say January 2013 or whatever.

A new claim will be from now (don't backdate the new claim to within 6 months of the original decision date). If the new claim finds you fit for work say in January 2014 you will have to appeal that decision too.

If you win the January 2013 appeal, you will only win arrears up to January 2014 because that is when you were found fit for work again, and you will have to wait for your second appeal to finish on assessment rate.

If it were me, I would see my doctor to confirm I can have new sicknote from today's date atleast...then I would submit a late appeal and wait to see if I can be put back on ESA assessment rate payments on appeal....if for any reason I am not allowed this I would then make a new claim backdated to 7 days before the date of my new sicknote (but not backdated to within 6 months) or ask the doctor for a backdated med3 so I can backdate the new claim the 3 months max (but not to within 6 months)

I see, thanks. I'm at the surgery on Friday, so I'll definitely see what I can do then. In regards to the appeal, I'll just be up front and honest about the situation and see what they say. Whatever happens, I just hope it doesn't take too long.

CyberStein

So I received a reply from my appeal. Apparently they only received my doctor's note and nothing else so they sent it back despite all the documents being stapled together. Oh joy. I've had to complain.

ArtoDeeto

So for 6 months you lived on air but still paid money for your keep? Doesn't sound like you went on to Jobseekers Allowance.

Explain
"social anxiety and depression." What does that mean; If you can commute halfway up the country to see your other half how are you so severely disabled you cannot work?

CyberStein

ArtoDeeto wrote: »

So for 6 months you lived on air but still paid money for your keep? Doesn't sound like you went on to Jobseekers Allowance.

Explain
"social anxiety and depression." What does that mean; If you can commute halfway up the country to see your other half how are you so severely disabled you cannot work?

I never said that I went onto JSA. They suggested that as a next step, but I was (and still am) not ready to look for work. I had a little bit of money saved up that I've been able to use to live on.

In regards to the travelling, I've done that twice and I need strict plans, people to meet me at both ends of the journey and transport to and from the station(s) and to travel within strict time constraints to keep the anxiety under control, if that makes sense. It's far from commuting on a daily basis.

CyberStein

My appeal was successful. Thank you for your help everybody. I didn't expect it to be this fast.