× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

Reclaiming ESA after failing medical

JoW
forum member

Financial inclusion manager - Wythenshawe Community Housing

Send message

Total Posts: 343

Joined: 7 September 2012

I know this has been discussed before but can’t find the thread.

Tenant fails medical and ESA decision made on 11/6/14. She doesn’t seek advice and keeps putting in new claims for ESA with the same conditions, waiting for a decision, getting turned down and reclaiming with the same condition….  I think she put in 3 claims between mid June and end of Sept 2014 all of which were refused after a few weeks. She didn’t have another medical or anything as was just refused as within 6 months of previous medical and refusal.

Eventually she claims JSA in October 2014.

To make a new claim with the same condition is it 6 months from 11/6/14 or 6 months from the date of the subsequent claim refusals (the last of which I think was in September 2014).

Thanks

Edmund Shepherd
forum member

Tenancy Income, Royal Borough of Greenwich, London

Send message

Total Posts: 508

Joined: 4 December 2013

The first reclaim should have prompted another assessment, I think? You might have some luck complaining about the delay and getting it fast-tracked. The 6 month period runs from a LCW decision. CPAG p.1016 may clarify and give the source for this.

JoW
forum member

Financial inclusion manager - Wythenshawe Community Housing

Send message

Total Posts: 343

Joined: 7 September 2012

Thanks Edmund