Going ahead with tribunal or waiting for new form?

Thanks, Bud! You were fortunate…

On my letter there are no telephone numbers at the top; at the bottom it gives the doctor’s name, Atos’ address and an 0208 number. So there’s no way of knowing yet whether the DM or the TS requested it (but doesn’t it sit with the DWP for the reconsideration and only if that’s unsuccessful then it’s passed on to the TS?). As per B&W’s guide, I requested an “appeal” (not an initial “reconsideration”) which includes the reconsideration first. I phoned this morning to rearrange and it was Atos who answered. I know they’re notoriously rude and unhelpful and my person didn’t disappoint. She kept quiet a lot trying to push next Wednesday’s appointment, but I kept repeating myself, “I can’t, and my helper, can’t make that day so what happens?”. She said that they’re having difficulty getting a doctor out to my area which is odd because I live in a city, and said something about my city’s medical examination centre…? I know I have the right to insist it being at my home. I asked what if my helper can’t be here on the new date? She said that we are only offered 2 dates and if I can’t make the second one, then my paperwork will be returned to me, ie my claim/appeal will be rejected. That is atrocious! Not only can my helper not be available next week but I have a medical appointment the next day, which was booked weeks ago, for which I need to rest beforehand in order for me to cope. She said I have to wait for another letter with a new date and she can’t tell me when this will be. She was completely inflexible, offering no help. In the phone call I didn’t think to ask for the doctor to call me. Now there’s the possibility of having a different doctor, I guess.

Any suggestions for what I should do? Anyone heard of this happening and the DM deciding to forego the medical (due to difficulty getting a doctor to my area) and just make a decision? It’s been almost 10 weeks that I’ve been waiting.

I wanted to share my incredibly good news: got a letter today that I'll only be reassessed for ESA in 2 years from when I was last reassessed! If anyone's interested, for statistics etc, the reason I had 2 reconsiderations (instead of going to the tribunal hearing) with the 2nd one being successful was due to an error on their part with my initial appeal request: long story short they ended up sending out a letter to me asking for more evidence ON THE SAME DAY that another person was deciding that my 1st reconsideration was unsuccessful. Only one descriptor was included on the LT54 although I clearly met others too and Reg 35.

Just wanted to ask: when they say "since last reassessed" do you think they're meaning when I was sent my ESA50 last year or the date of my medical assessment? (I want to put it in my calendar minus 2 months because that's when they usually send the ESA50 out).

Thanks, again, for everyone's advice and knowledge!!!

Gordon, are you absolutely sure about those dates? My first decision said "Re-refer in 9 months" but this one says "Re-refer 2 years from date of assessment" - wouldn't they have said "...from decision"?