refused payment on new claim

Advice please, Can anyone advise what happens if you make a new claim for esa after losing an appeal, I applied over a month ago and after lots of phone calls I have still not received any payment my H/B has been stopped pending the outcome of the esa claim and I am now behind with my rent and being threatened with eviction. The new claim is for a new illness as recently dX with CFS along with other problems. The decision I appealed was on the 31st/08/2010. I am now being told no payment will be made until i hv another medical is this correct, can anyone help me out.

scooby wrote:

Advice please, Can anyone advise what happens if you make a new claim for esa after losing an appeal, I applied over a month ago and after lots of phone calls I have still not received any payment my H/B has been stopped pending the outcome of the esa claim and I am now behind with my rent and being threatened with eviction. The new claim is for a new illness as recently dX with CFS along with other problems. The decision I appealed was on the 31st/08/2010. I am now being told no payment will be made until i hv another medical is this correct, can anyone help me out.

Have you made it very clear to them its a new claim ? there is no way they can say its the same thing with a diferent name ? I say that because I am sure someone on, I think it was "ouch" did this, went from ME to CFS ? With regards no payment cant help there but dont worry a mod will be along to advise ... will go and try and find post from ouch

As you have submitted a new claim for a new medical condition, you are entitled to be paid at the ESA assessment rate until you undergo the WCA again.

If the DWP have only told you verbally that you will not be paid any ESA until you have a medical assessment, request that the decision is made in writing which is a legal requirement, and put them on notice that if they continue to withhold payment without good reason, you will formally appeal the adverse decision in accordance with your statutory rights.

now what!!
i'm completely confused, got letter today saying they cannot pay esa from may 14th no reason stated as to why also states to cont.. to recieve ESA i may need to attend work focus interview and to cont send in sick notes until I attend a medical. assessment is based on how much the law says you need to live on and NI contributions.

Hi Scooby, sorry to hear of your difficulties with the DWP.

I would recommend taking the full paperwork to a welfare rights advisor for assistance.

As CD said you can appeal the latest decision and as they have not even given a reason for dis-entitlement it appears you have no option.

You may find the link below helpful.

www.cpag.org.uk/cro/wrb/wrb213/ESA.htm

Good luck

Derek