welfare rights adviser, saltley & nechells law centre birmingham Member since 21st Jan 2004
RE: ESA m/t claim - continuing when dormant Tue 18-May-10 10:54 PM
"Bar re-claiming ESA ( claim dormant as client failed to attend medical and supply fit notes ) are there any other ways of claim continuing. Condition ( mental health problems) has not changed,"
could you clarify what you mean by 'claim dormant'? if ESA was disallowed for failing without good cause to attend a medical, they are still required to issue a disallowance notice and claimant has right of appeal.
the rules are different for failure to attend a work focused health-related interview, or work-focused interview, where they are required to show good cause within 5 days of failing to attend, similar to JSA rules about failing to sign on etc. have they by any chance conflated the two sets of rules?