RECLAIMING ESA AFTER AN APPEAL HEARING

does anyone know of the logic behind clients not being able to reclaim ESA within 6 months of an appeal hearing -is this lawful? 

My client attended a tribunal hearing in February 2013, having originally appealled in November 2011 (appeal adjourned originally re the clients non receipt of his conversion notice).

The client lost the hearing, scoring 6 points and reapplied for ESA last week and was told that he is required to wait 6 months from the date of the tribunal decsion to reapply.

I believe the DWP are confused with reclaiming within 6 months of a WCA decision can anyone clarify?

Thanks

It’s 6 months from the date of the original decision where the appellant was found fit for work, not the tribunal decision. In your case the original decision was in 2011 so there is nothing to stop the client claiming again.

Put a complaint in on the grounds that a claim can be put in even if a Tribunal has heard and upheld the case less than six months of the decision under appeal. It is the payment of such a claim that is in question in this period and if the claimant has a new or signifiantly worse condition it can astill be paid in this period. They cannot refuse to allow someone to make a claim. Only a DM can refuse a claim that is made. Unfortunatelly this happens a lot.

Thanks both it has been a long week and i was being too charitable towards them.

I thought they were just being their normal incompetent selves but you are right Tony i think they do these things on purpose.

Compliant winging its way (for what its worth)

Good weekend all