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Can DWP treat ESA reassessment claim as new claim?

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5 years 2 months ago #226655 by LameDuck
I was transferred from DLA to ESA support group in April 2014, after undergoing a thorough f2f medical assessment by an ATOS GP, who concluded I should be in the support group, with no realistic prospect of being able to work. I have now got to face a further assessment, as my 2014 ATOS medical report is being ignored, for being 'out of date".
I seem to recall a case whereby a judge decided that a reassessment should not be treated as a new claim, but cannot now find the ruling. Can anybody help?
Surely a reassessment should look at the whole of the original claim - including all the evidence relating to it - including the GP ESA medical report?

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5 years 2 months ago #226667 by Gordon
LameDuck

There are several Decisions that cover this area, see the following

wcainfo.net/issues/evidence

but they aren't going to help you with an assessment, the decision lies with Maximus and the Case Law is not binding on them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: LameDuck

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