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esa what next ??

Had my esa hearing early this week , and due to circumstances beyond my control could not attend ( at very short notice ) rang up and told them the situation and asked for a postponement , was told it had to be put to the judge and it was his decision whether that was allowed or if it went ahead in my absence . Anyway to cut a long story short i yesterday recieved a letter stating it had gone ahead in my absence and the original decision of 0 points stood . My question is what is my next course of action ??? dont want to claim jsa and create a new problem because i know i might be able to work today but probably not tommorrow

thanks

Hi, Im not an expert but thought having a look at if you can appeal might help https://www.gov.uk/appeal-benefit You might be best trying to speak to a welfare rights advisor in your area to see if there is anything they can help you with. Take care, Polly x

I’m sorry you are having such a tough time with your ESA application.

You can only appeal the appeal if they made an error in law not because you disagree with the decision. You can write to the tribunal service and request a written statement of reasons and a record of proceedings. You have just one month to appeal to an upper tribunal but as I said only if there was a legal error.

Your situation now is to apply for JSA if you think you are fit to work. (That was the decision of the appeal by awarding you nil points) If you do not think that you could actively seek work because of your health you need to go to your GP and get another fit note so that you can reapply for ESA.

You can reapply for ESA immediately but if you are successful you would only be paid once 6 months has passed from the date on your original refusal letter. (Before your tribunal)

If you decide to try again with ESA I would advise joining the Benefits and Work Website (about £20.00 p/a) who have excellent guides to filling in the ESA50

Jane