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ESA Nightmare!
Cl was receiving ESA. It appears a letter was sent out to the Cl to attend a medical assessment in April 2014.
Cl did not receive the letter.
Cl’s ESA continued to be paid until 7th June 2014, it was then stopped because the department realised she did not attend a medical assessment.
Cl said that she asked the department to look at the decision again, giving the reason of not receiving the letter.
Apparently the reasons given were not good enough and Cl was informed she would have to make a new claim for ESA, which she did on the 10th June.
Cl cannot be paid ESA because she has made a new claim for ESA within 6 months based on the same medical condition.
We have been told that Cl cannot be paid ESA until she has passes a WCA and it could be months before she is requested to attend one.
Cl suffers with depression and I do not think she will cope with claiming JSA.
Cl has also been informed that she is not entitled to a short term benefit advance because she is not currently entitled to ESA
Cl is going to be left with no money for months, is there any way this can be challenged? Or any other ideas?
I have a very similar casre ongoing at present.
Did they treat your client’s request to look at the decision again as a MR? If so, and she has the negative MR outcome decision, bung in an appeal and ask for it to be fast-tracked. TS has just agreed to do so with my case (client is living on food parcels currently).
If there was no formal MR then I would bung in a late MR request and go from there.
Either way, if you can challenge (and hopefully overturn) the original decision it is likely to be quicker in terms of getting an outcome than trying to speed up the WCA process on the second claim.
Thanks 1964, that’s a great help.