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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

New ESA claim while already doing permitted work

Welfare Rights Adviser
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Social inclusion unit - Swansea Council

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Total Posts: 163

Joined: 23 June 2010

Hi
Presuming you can get a fit note can you make a new ESA claim while working within permitted work limits?
Any problems getting ESA to accept the claim, we know would have difficulty passing WCA but that aside can it be done?
Cheers

Rosie W
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Welfare rights service - Northumberland County Council

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Total Posts: 471

Joined: 9 February 2012

We’ve certainly had examples of this happening and the claim hasn’t been a problem - there’s no bar to claiming if the work is within the limits. You’re right to be cautious about how it will be looked at for the WCA but that hopefully can be overcome with some decent evidence/care with what goes on the ESA50.