"Refusing to pay ESA when there is an old FTA medical"
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Welfare Benefiys Specialist, Toynbee Hall Member since 18th Dec 2009
Refusing to pay ESA when there is an old FTA medical Thu 10-Jun-10 01:36 PM
I have read through other posts but they have all concerned appeals and the question of payments.
My client failed to attend a medical last year and reclaimed ESA on 24/05/10. The appeal is with the tribunal service waiting for listing.
I have been told by ESA that they will not pay my client until she has a new medical - this could take months and she has had no ESA since December...they are using her reasons for not attending her medical and it is now up to the SDM whether they can accept her new claim.
welfare rights adviser, sefton metropolitan borough council, liverpool. Member since 22nd Jan 2004
RE: Refusing to pay ESA when there is an old FTA medical Thu 10-Jun-10 04:23 PM
If she has reclaimed within 6 months off being kicked off it and she has not got a new condition or her condition has not significantly worsened then the Department is right. If she has got a new condition or her condition has significantly worsened or she has reclaimed outside the 6 month period then the Department is wrong.