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ESA 50 form sent just three months after appeal

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4 years 10 months ago #232641 by Navigator
Hi
I had my ESA appeal back in Feb this year, and thanks to Benefits and Work I was successful, However I received a ESA 50 in the post just three months later to fill out. Despite the judge giving a recommendation that I should not be reassessed for at least 6 months after. Do I have to complete the ESA 50, or have they sent it too soon? And if I do fill it out what is the chance due to the appeal only being three months ago they will not send me for a dreaded medical assessment?
Kind regards
D Price

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4 years 10 months ago #232664 by Gordon
D

I'm afraid the Tribunal's recommendation for when you should be reassessed is not binding on the DWP and they can reassess you at any time.

Maximus will not be aware that you have had a Tribunal unless you include this information with your ESA50.

Gordon

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4 years 10 months ago #232702 by Navigator
Replied by Navigator on topic ESA 50 form sent just three months after appeal
Thank you,

I think I will include the tribunal decision, as it proves a proper Doctor can to that decision,

Thank you for your reply...

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4 years 10 months ago #232703 by Gary
Hi D

It is always prudent to include your latest tribunal decision and any additional supporting documents.
Let us know how you get on.

Gary

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

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4 years 10 months ago #232714 by paul
use esa complaint procedure say it is disabilty discrimination.they are only allowed to assess every 3 years, you can also escalate your issue to a senior manager demand a written response, good ammo if you need to appeal

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4 years 10 months ago #232731 by Gordon

paul wrote: use esa complaint procedure say it is disabilty discrimination.they are only allowed to assess every 3 years, you can also escalate your issue to a senior manager demand a written response, good ammo if you need to appeal


I'm sorry but this is simply not the case.

Gordon

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