Question about ESA if failed at tribunal

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agapanthus

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Hi - I hope you don't mind me asking a question on behalf of someone else. I help out with benefits on another forum (ME/CFS) and someone has come on with a problem that has me stumped at the mo, and not sure who to ask. I might ask on Benefits and Work but I asked something yesterday and don't want to wear out the mods there  >biggrin<

This poor chap has failed at his ESA tribunal, and I told him that he could reapply for ESA after 6 mths from the assessment, or result of assessment... I am not sure which, (I know it can be less if a condition has worsened). However the DWP have told him that this is not true and that it's the date of the tribunal which has only just happened.

Anyway I told him that the DWP were wrong on this and what did the Welfare Rights person say who he had contacted? He said that they said that the tribunal is now classed as an assessment. Surely this can't be true? If it were true then the DWP would have stopped sending out new ESA forms to people straight after a tribunal and I am not aware that this has happened.

Goodness knows how he is going to live. He is not fit enough to sign on and his GP in fact has just signed him off for another 6 weeks.

Maybe I will ask on B & W when it opens but if anyone here knows please let me know. Thank you!!  :-)

Monic1511

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Hi agapanthus

the people I meet in this situation can make a new claim on a different condition the day after the tribunal or they can make a new claim on the same condition if they can get supporting medical evidence from the GP showing that they have had a significant deterioration since the original decision date.
A tribunal only considers evidence up to the decision date.  The tribunal is not an assessment so unless his decision date was less than 6 months ago he should be paid basic rate until he goes for a new medical.

the person I had made a fresh claim and before the DWP will pay anything & when I called to ask why I was told that the new claim is with the decision maker who is deceiding if there has been significant deterioration.  This is where medical evidence should help.  Unless he can get the doc to say that returning to work could be fatal he might not meet any of the descriptors.

I know the situation sucks but he may need to claim JSA & complain to his MP just to get the basic cash.
sorry I haven't got any other ideas and our reps are often stumped at this stage, telling clients sorry but you'll need to claim jsa as there is no other money you can claim >thumbsdown<
Monic

agapanthus

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Thank you very much for that clarification, Monic. I don't quite understand what will happen in future when they take away the assessment rate of ESA as they may well not be able to claim JSA if they are not thought fit enough to work either. They will be between a rock and hard place even more than at present it seems.

Anyway it does seem as if he has had bad info given, and the B & W people are also not aware of any changes that have happened.