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

ESA appeal and new claim after break in claim

CHC
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Welfare rights team - St Mungo's Broadway

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Total Posts: 171

Joined: 22 June 2010

Met a client today who failed her WCA back in August this year. She appealed this decision and is waiting for this appeal to be listed by the Tribunal Service.

Two days after the WCA decision she left the country to go to Slovakia temporarily to see friends/family and because she was very stressed and struggling with her situation in UK, she did not return to UK until 22nd October.  She received ESA for the first 4 weeks of her absence and then her claim was closed down on 17th September as she was no longer entitled while out of the country.

She had hoped to get the appeal rate of ESA on her return but was informed by DWP that as her claim had closed as she had been abroad for longer than 4 weeks that she would have to make a new claim which she has done with a new med cert stating her health problems have deteriorated therefore avoiding the 6 month rule.

If she wins the WCA appeal, I am right in assuming the decision made by the tribunal will only take her upto the date her ESA claim stopped in September?