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

ESA Appeal and making new claim for worsened condition

Cinimod
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Newham Housing First Worker

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Have a client who had their ESA MR turned down; found that he does have LCW even though he currently receives PIP; Enhanced Mobility and Standard Daily Living. Ridiculous decision. We are obviously going to appeal it. Unfortunately though, in the meantime his condition has worsened. My question is, can he make a new claim for ESA based on worsened condition, as well as appealing the original ESA decision-one or the other or both?

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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What you’dneed to do first is get the appeal rate into payment; they’ll then be able to supersede that award if they find he’s now got LCW.

Intrigued as to whether the WRAC would be payable on that new award.

Cinimod
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Newham Housing First Worker

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That’s helpful, we know direction of travel now.
His ESA was IR and he is receiving SDP in his HB.
He’ll certainly be able to provide consultant and GP letters re his health.
Ta.

grant
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Welfare rights adviser - Sefton CAB

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Cinimod - 02 May 2019 03:09 PM

Have a client who had their ESA MR turned down; found that he does have LCW even though he currently receives PIP; Enhanced Mobility and Standard Daily Living. Ridiculous decision. We are obviously going to appeal it. Unfortunately though, in the meantime his condition has worsened. My question is, can he make a new claim for ESA based on worsened condition, as well as appealing the original ESA decision-one or the other or both?

sorry Cinimod but if your client does have LCW then he is still entitled to ESA and a new claim is not relevant. Should there be a “not” before the words “have LCW”? Or is this a WRAG to Support group appeal?

Cinimod
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Newham Housing First Worker

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sorry; it should read “not”
Thanks Grant.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Dan Manville - 02 May 2019 03:19 PM

Intrigued as to whether the WRAC would be payable on that new award.

Should be fine. The periods of LCW link, and there is a saving for that.

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Charles - 02 May 2019 04:15 PM
Dan Manville - 02 May 2019 03:19 PM

Intrigued as to whether the WRAC would be payable on that new award.

Should be fine. The periods of LCW link, and there is a saving for that.

Thank you. Every time I have picked a book up to check the phone’s rung.