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

Help with dates and linking claims please.

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Total Posts: 29

Joined: 16 June 2010

I’ve tied myself up in knots with this one. Claimant has some mild learning disability and was getting some help around the MR stage but has had no income since March and I’ve just picked it up. Representation at appeal stage would most likely have resulted in a different outcome at appeal so I’m keen to pursue ESA. When the claimant went to sign on after the original appeal and was told she would have to find 30+ hours of work she refused as she felt she couldnt manage it. She now feels, due to further health issues that she couldnt manage even 16 hours if I managed to get onto JSA with the support of a DEA at the jobcentre

IB to ESA transition started 05/13.

ESA refused 24/10/13 following WCA.

Appeal made and allowed 11/11/13

Appeal heard and disallowed 05/03/14.

New claim for ESA made 11/03/14, disallowed on 19/03 as within six months of previous WCA and no evidence of new or worsening conditions

MR requested on unknown date.

MR disallowed 06/06/14. No further appeal made.

I can make a new claim now can’t I as there has been no WCA since 10/13? I just cant work out if the 2nd claim in March links original claim and this new claim together.

Any thoughts?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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They won’t link. Maximum linking period is 12 weeks unless they’re a Welfare to Work Beneficiary, which they’re not.

Get a new claim in pronto.

J Hogg
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Welfare Benefits Advisory Officer, Elmbridge Housing Trust, Surrey

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Total Posts: 29

Joined: 16 June 2010

marvelllous, thanks!

Cordelia
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Welfare rights officer - Wrexham Council Welfare Rights Team

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Joined: 16 June 2010

What has happened to the second claim?  Although no payments were made, the assessment process should have continued.  Has she completed an ESA50 or been for a medical since March?