HELP ! please

I made a new ESA claim on 12th November which was 6 months and 1 day since the DM had made a decision based on my medical from April 2010.

Just been told that they have rejected the new claim as it was within 6 months of an old disallowed claim.

What do I do now?

I am at a loss and have now had no payments for over a month.

thank you !

Lisa

If you have a new medical condition or a pre-existing medical condition has significantly worsened since your last WCA, the DWP are duty bound to accept your claim for ESA and carry out a further WCA.

If however you are reclaiming and the above circumstances do not apply, and it is as you say more than six months from the date of the previous disallowance, you really have no other viable option than to appeal the adverse decision which can be done by using Form GL24

Yes, there is a deterioration and a new condition. The ESA claim was refused by the DM in May 2010 due to the ATOS medical scoring zero.

6 months and 1 day later after the DM's original decision I claimed ESA again and cited the deterioration and supplied further GP and Carer evidence. The DWP closed the claim as they say it was within 6 months of a previous claim being declined.

I cannot wait for an appeal as I have zero income at the moment and receiving zero benefits.

What should I do as I cannot go on like this?

Lisa

Hi lochlisa, If i was you i would phone your MPs office they should be able to intervene his/her office staff should be there even if the MP is not, Alot of them do have contacts at local JCPs etc, It is worth a try. Best Wishes and Good Luck

I finally got through to someone with some degree of sense !

Confirmed that the dates were correct and I was over 6 months so claim was reinstated and notes were added to the system that I was housebound with my condition and that any medical would need to be conducted at home.

During the conversation discovered that all the extra medical evidence previously sent with a request for a reconsideration had not been seen by the DM as they had 'mislaid' the paperwork so was asked to fax it all over with a covering letter to make sure it went to a DM for a reconsideration before I listed it for appeal (I still have a good amount of time before my month is up).