Re-applying for ESA

A client has just lost a tribunal appeal on claiming ESA because insufficient evidence was submitted at the time of the assessment.
does anyone know if he can immediately re-apply for ESa with the missing evidence?

a 'client' is this forum for ordinary members and also for professional advisors ??

Sorry don't know the answer, but I dont care wether they are a professional or a normal member, they are still trying to get help for a sick or disabled person through the mind field of the DWP rules, and if it was a normal member asking for a friend would anyone question it.

XFactor - Professionals can be members of B&W as can individuals.

Carmind - I'm afraid I don't know the answer to your question, unless it's been more than six months since the original decision to refuse ESA was made, in which case, he can apply again without any change to his condition, or unless his condition has deteriorated in the meantime, in which case he can submit a fresh claim, but I don't know what happens otherwise.

Hopefully one of my fellow moderators will know the answer.

Can you please outline the details a little more. What evidence ought to have been submitted ? What has the tribunal said about this ?

Hi carmind,

The short answer is yes your client can apply again immediately.

But if there has been no significant change in his condition and it is less than six months since the decision on his last claim then he may not be eligible to receive the assessment rate of ESA whilst awaiting a decision.

However, the tribunal should have taken into account any relevant evidence regardless of whether it was available to the decision maker at the time of the original decision - that's what tribunals are there for.

So your client may also wish to consider the possibility of appealing to the upper tribunal at the same time as making a fresh claim. There's details of how to begin the UT process in our ESA appeals guide.

Good luck,

Steve