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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Tactics in light of post 30/3 regs for ESA reclaims

Den DANES
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DIAL Lowestoft and Waveney

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Joined: 6 July 2010

I have a case that I have picked up at SSCS1 stage.  Date of turn down decision 14/10/2014.  Have just assessed papers and doubt she is going to get anywhere with the appeal but client v keen to push claim as far as poss. Would expect a hearing date to come through for early June.

Am I right that if the appeal turns her down that will be a new determination and hence she would NOT be able to reclaim ESA under new post 30/3 regs unless she has a clear evidenced new condition or significant worsening?

On the other hand if she withdraws her appeal , because the decision was more than 6 months, ago she can reclaim on the grounds of the same condition and at least have a second shot at it with a fresh assessment.

I realise she may still not be successful and she would not then be able to claim assessment rate if she then had to appeal the new claim but to me it seems a better option and at least gives her a second chance with basic income for a bit longer.

What do others think.

Daphne
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For any claims made now (and since 30 March) they look at the last WCA decision however long ago that was. If that found the person fit for work at the end of the process (wherever it got up to ie initial decision, MR decision, appeal decision) then that stands unless there is a new or worsened condition. So you have the same problem even if you withdraw the appeal as the most recent decision will have found her fit for work. You might as well take it to the appeal and at least get assessment rate ESA to then.

Den DANES
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DIAL Lowestoft and Waveney

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Total Posts: 110

Joined: 6 July 2010

Thanks for this - I was just about to post a reply to myself having looked into further and coming to the same conclusion.