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Top Incapacity related benefits topic #5132

Subject: "ESA m/t claim - continuing when dormant" First topic | Last topic
derbyadvic
                              

Welfare Rights Officer, Derby Advice
Member since
23rd Jul 2008

ESA m/t claim - continuing when dormant
Mon 10-May-10 10:40 AM

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,

Thanks in advance

T.J.Lintern

  

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Replies to this topic
RE: ESA m/t claim - continuing when dormant, johnny, 18th May 2010, #1
RE: ESA m/t claim - continuing when dormant, steve_h, 18th May 2010, #2
      RE: ESA m/t claim - continuing when dormant, johnny, 18th May 2010, #3
           RE: ESA m/t claim - continuing when dormant, jj, 18th May 2010, #4
                RE: ESA m/t claim - continuing when dormant, nevip, 19th May 2010, #5
                     RE: ESA m/t claim - continuing when dormant, ros.white, 19th May 2010, #6

johnny
                              

money adviser, keynote housing association, birmingham
Member since
23rd Jun 2005

RE: ESA m/t claim - continuing when dormant
Tue 18-May-10 12:32 PM

i have a similar problem with a client. ESA claim ended due to not attending medicals (she claims didnt receive letters and has police incident number for theft of communal postbox in flats)

she has appealed but in meantime is told she cant claim ESA unless she claims on another illness, which she hasnt got, leaving her only income as DLA

  

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steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

RE: ESA m/t claim - continuing when dormant
Tue 18-May-10 12:54 PM

That is wrong,

when you appeal you go back to the assessment phase and are entitled to ESA pending the appeal. reg6 ESA regs

It seems they are applying the IB rules where you cannot get reduced IS pending appealing a non attending medical appeal.

  

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johnny
                              

money adviser, keynote housing association, birmingham
Member since
23rd Jun 2005

RE: ESA m/t claim - continuing when dormant
Tue 18-May-10 01:24 PM

thanks very much

having looked at CPAG page 168 last paragraph bulletin "failing to attend a medical examination" it seems she can make a new claim on the same illness

  

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jj
                              

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?

  

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nevip
                              

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

RE: ESA m/t claim - continuing when dormant
Wed 19-May-10 10:08 AM

There are different views on this at the following thread. Don't know how to do the link on this particular computer.

ESA appeal when failed to attend medical - refusal to pay pending appeal
Wed 17-Mar-10 10:59 AM

  

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ros.white
                              

writer/editor, rightsnet
Member since
16th Nov 2009

RE: ESA m/t claim - continuing when dormant
Wed 19-May-10 10:15 AM

here's a link to the thread - ESA appeal when failed to attend medical - refusal to pay pending appeal
cheers ros

  

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