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esa new claim

hi, i was on jobseekers but then went on esa with back problems, i'm still under doctors and psyhio, but failed medical and have a tribural this week.
i wanted to know if i fail at tribural can i make a new claim for esa or do i have to go back on jsa.
its been about 11 months since i went on esa and my medical was last june
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Comments

  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You can go back on to ESA.
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  • nutty1
    nutty1 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    Indie_Kid wrote: »
    You can go back on to ESA.
    thanks, so if i fail the tribural i can just fill in another esa form, i have already got a sick note in that still as nearly 3 months on it, would i need another one.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Do you meet any of the descriptors? Do you have sufficient NI Contributions for a fresh claim or will you qualify for income based?
  • nutty1
    nutty1 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    tomtontom wrote: »
    Do you meet any of the descriptors? Do you have sufficient NI Contributions for a fresh claim or will you qualify for income based?
    no i don't have any ni contributions, will it matter.
    i was a carer for my uncle, then i went on jsa, then esa
  • Morglin
    Morglin Posts: 15,922 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You should qualify for Income based ESA then, if you have no income, no contributions, and little, if any, savings.

    Lin :)
    You can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset. ;)
  • nutty1
    nutty1 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    Morglin wrote: »
    You should qualify for Income based ESA then, if you have no income, no contributions, and little, if any, savings.

    Lin :)
    will i still beable to make a new esa claim with the same complaint,
  • pmlindyloo
    pmlindyloo Posts: 13,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kathrynt wrote: »
    will i still beable to make a new esa claim with the same complaint,

    Yes, as long as 6 months have passed since the original decision after your medical (I believe you said June 2013) so all good there.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    Do you meet any of the descriptors?

    Do you have a partner that works?
  • nutty1
    nutty1 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    tomtontom wrote: »
    Do you meet any of the descriptors?

    Do you have a partner that works?
    no partner that works and what descriptors, i have been on it for 11 months so must meet them
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    http://www.disabilityrightsuk.org/employment-and-support-allowance-overview
    kathrynt wrote: »
    no partner that works and what descriptors, i have been on it for 11 months so must meet them

    See above. As you failed your assessment that means you did not meet the descriptors. Have you not even looked at them, surely you have addressed them in your appeal?

    In previous posts you refer to a husband. If he is still around his income (including any benefits) will be counted towards your claim.
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