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ESA50 / appeal clash
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11 years 11 months ago - 11 years 11 months ago #103929 by Paul
ESA50 / appeal clash was created by Paul
Hi, following an ATOS medical in December , my Wife was placed in the WRAG.
She appealed to be placed in the Support Group as her mental health problems ( anxiety , Agoraphobia , Depression ) make it impossible for her to attend any form of group situation.
Anyway, she has now received another ESA50 to be returned next week.
The Appeal is set for late June.
What would happen if the tribunal were to decide in her favour , yet the next ATOS medical decides otherwise?
It is crazy that , while awaiting an appeal , my wife could feasibly be judged as fit for the WRAG again.
I presume any decision by the Tribunal for the earlier medical would be irrelevant.
Would that be correct , and what would be the point of appealing any decision if the chances are you would have another medical before the appeal?
On Behalf of my Wife.
Thanks
She appealed to be placed in the Support Group as her mental health problems ( anxiety , Agoraphobia , Depression ) make it impossible for her to attend any form of group situation.
Anyway, she has now received another ESA50 to be returned next week.
The Appeal is set for late June.
What would happen if the tribunal were to decide in her favour , yet the next ATOS medical decides otherwise?
It is crazy that , while awaiting an appeal , my wife could feasibly be judged as fit for the WRAG again.
I presume any decision by the Tribunal for the earlier medical would be irrelevant.
Would that be correct , and what would be the point of appealing any decision if the chances are you would have another medical before the appeal?
On Behalf of my Wife.
Thanks
Last edit: 11 years 11 months ago by Gordon.
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11 years 11 months ago #103933 by Gordon
As your wife is in the WRAG she is liable to re-assessment at any time, even if she is appealing the current Decision.
The Tribunal will be re-making the original Decision to place her in the WRAG, whereas this ESA50 will result in a new Decision being made, so if the Tribunal place her in the Support Group and this latest assessment places her in the WRAG, then she will receive back payments for the SG for the period covering the original Decision to the date of that new Decision, and then the WRAG rate going forward. If she is on ESA(CB) then the period in the SG will not account against the 365 day limit.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 / appeal clash
Fish wrote: Hi, following an ATOS medical in December , my Wife was placed in the WRAG.
She appealed to be placed in the Support Group as her mental health problems ( anxiety , Agoraphobia , Depression ) make it impossible for her to attend any form of group situation.
Anyway, she has now received another ESA50 to be returned next week.
The Appeal is set for late June.
What would happen if the tribunal were to decide in her favour , yet the next ATOS medical decides otherwise?
It is crazy that , while awaiting an appeal , my wife could feasibly be judged as fit for the WRAG again.
I presume any decision by the Tribunal for the earlier medical would be irrelevant.
Would that be correct , and what would be the point of appealing any decision if the chances are you would have another medical before the appeal?
On Behalf of my Wife.
Thanks
As your wife is in the WRAG she is liable to re-assessment at any time, even if she is appealing the current Decision.
The Tribunal will be re-making the original Decision to place her in the WRAG, whereas this ESA50 will result in a new Decision being made, so if the Tribunal place her in the Support Group and this latest assessment places her in the WRAG, then she will receive back payments for the SG for the period covering the original Decision to the date of that new Decision, and then the WRAG rate going forward. If she is on ESA(CB) then the period in the SG will not account against the 365 day limit.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Paul
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11 years 11 months ago - 11 years 11 months ago #103936 by Paul
Replied by Paul on topic ESA50 / appeal clash
Thanks , Gordon.
That is what we feared.
The medical was in December (just before Christmas as usual!) and the decision was sent out on the 28th ( wow , quick turnover!) with the next assessment not for 6 months , so it was worrying to get the latest ESA50 after just four months .
What a sick and pointless waste of time and money , just to harass someone into giving up.
Thanks again.
That is what we feared.
The medical was in December (just before Christmas as usual!) and the decision was sent out on the 28th ( wow , quick turnover!) with the next assessment not for 6 months , so it was worrying to get the latest ESA50 after just four months .
What a sick and pointless waste of time and money , just to harass someone into giving up.
Thanks again.
Last edit: 11 years 11 months ago by Gordon.
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11 years 11 months ago #103938 by Gordon
The ESA50 is always sent out a couple of months in advance of the re-assessment date.
Please be aware that the ESA Descriptors and Regulations were updated at the end of January, whilst it may not change how you complete the ESA50, you should review the latest guides
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 / appeal clash
Fish wrote: Thanks , Gordon.
That is what we feared.
The medical was in December (just before Christmas as usual!) and the decision was sent out on the 28th ( wow , quick turnover!) with the next assessment not for 6 months , so it was worrying to get the latest ESA50 after just four months .
What a sick and pointless waste of time and money , just to harass someone into giving up.
Thanks again.
The ESA50 is always sent out a couple of months in advance of the re-assessment date.
Please be aware that the ESA Descriptors and Regulations were updated at the end of January, whilst it may not change how you complete the ESA50, you should review the latest guides
www.benefitsandwork.co.uk/help-for-claimants/esa
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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