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Top Incapacity related benefits topic #5220

Subject: "Refusing to pay ESA when there is an old FTA medical" First topic | Last topic
joannah
                              

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

Hello

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.

Surely this is wrong?

Any advice would be grateful.

  

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Replies to this topic

nevip
                              

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.

  

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