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Top Incapacity related benefits topic #4648

Subject: "Reclaiming ESA after ESA appeal disallowed" First topic | Last topic
johnwilson
                              

Benefits and Appeals, Dumfries and Galloway Citizens Advice Service
Member since
06th Feb 2008

Reclaiming ESA after ESA appeal disallowed
Tue 01-Dec-09 03:43 PM

Can any ESA expert help me on this.

I am assuming someone who has lost an ESA appeal, can reclaim on a new claim using the same medical condition, as long as the person can provide evidence that the condition has deteriorated since the previous date of decision.

Likewise if they are not saying there has been any deterioration, I assume the claim would be disallowed immediately.

Is this correct? I can't find any guidance or regs on this.

  

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Replies to this topic
RE: Reclaiming ESA after ESA appeal disallowed, nevip, 01st Dec 2009, #1
RE: Reclaiming ESA after ESA appeal disallowed, Victor Ridding, 02nd Dec 2009, #2
      RE: Reclaiming ESA after ESA appeal disallowed, nevip, 02nd Dec 2009, #3
           RE: Reclaiming ESA after ESA appeal disallowed, suelees, 04th Dec 2009, #4

nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Reclaiming ESA after ESA appeal disallowed
Tue 01-Dec-09 03:48 PM

Where a person makes a new claim within the 26 week period where there is no new condition or deterioration then the claimant must be sent for another medical before a decision can be made.

  

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Victor Ridding
                              

Welfare Rights Officer, Stockport Advice
Member since
09th Sep 2004

RE: Reclaiming ESA after ESA appeal disallowed
Wed 02-Dec-09 01:44 PM

ESA REGULATION 30

However nore that there will need to be good evidence of deterioration or the DM may not accept that there has been deterioration.


  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: Reclaiming ESA after ESA appeal disallowed
Wed 02-Dec-09 02:03 PM

For the avoidance of doubt the word cut off at the end of line one of my post is "no".

  

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suelees
                              

Welfare and Debt Advisor, Stephensons Solicitors, Wigan
Member since
28th Jan 2004

RE: Reclaiming ESA after ESA appeal disallowed
Fri 04-Dec-09 08:07 AM

Is this the same if someone claims ESA for different condition after IB appeal disallowed ?

  

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