Esa reclaim

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hi' need some advice on esa reclaim. Failed an esa work capability assessment in 2015 appealed and failed. Then put in a reclaim for esa in 2016 with a worsened condition for back pain' then was paided assessment rate' then failed second work capability assessment ' am appealing decision but Been told won't be received any payments. As my condition has got worse and was accepted thought I would be receiving payments as appeal has been accepted.

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8 Replies

  • Posted

    HI Julie, to be able able to help you more is it a Mandatory Reconsideration you've asked for or Appeal Tribunal? It's important to know which stage you're at to be able to help you properly.

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    • Posted

      If you're at the Mandatory Reconsideration (MR) stage then you'll need to claim JSA until a decision has been made on the MR. If the MR comes back and the decision remains the same and you take it to Appeal Tribunal then you can start being paid ESA again until the Tribunal decision. Hope this helps.

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    • Posted

      Ok' thanks. Mandatory reconsideration stayed the same and appeal has been accepted but women on the esa helpline saided wouldn't be paided on appeal as failed 2 wca but second was with worsened condition so I think she is wrong.

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    • Posted

      Then you should ring ESA and tell them that you're reclaiming for a worsening condition and that you should now be recieving payments at assessment phase. You're new/worsening condition means you have a limited capability for work even though they found you fit for work. You should be being paid assessment phase until the Tribunal make a decision. If they say no when you ring again i would advice giving CAB a call as they'll be able to help you further. Good luck.

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    • Posted

      Julie, this is what i found on the internet for you.

      On or after 30 March 2015 if you are appealing against a decision that you have failed  the Work Capability Assessment(WCA), then depending  on the facts, you can still be treated as having limited capability for work and so be entitled to ESA whilst appealing in the following situations;

      if the WCA failure that you are appealing against is the first such failure (or the first since a previous decision that you passed the WCA),

      where the WCA failure that you are appealing is the second or subsequent WCA failure and your condition has got significantly worse or you have a new health condition.If you are appealing an ESA decision made before 30 March 2015 you can still get ESA whilst appealing, even if you had a second or subsequent WCA failure.

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