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Assessment 3 months after wining ESA tribunal?

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8 years 1 month ago #151126 by Gordon
Ana

The eight months is DWP guidance on the matter, but cannot be enforced as it is not defined in legislation.

As previously posted, you must complete the new form unless you are told by the DWP in writing that you do not need to or you risk your claim being closed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 1 month ago - 8 years 1 month ago #151250 by anumao
Thank you for your replies Gordon and Bro58.
Sorry about throwing my messages around, I am confused as I look a lot of the time :silly:

I have unravelled what has happened;

Maximus received a request by DWP for an assessment in Sept 2015, following the reinstatement of basic ESA after the failed medical ,while waiting for Tribunal hearing.

This is why I received the ESA50 questionnaire soon after that.

This appointment was related to that date (Sep 2015) as confirmed by Maximus.

I have now spoken to DWP and they have on the system that this request was terminated (end date) in December following the Tribunal decision.

They are in the process of confirming with Maximus the cancellation of the request for reassessment.

Huge sigh of relief here. Mini panic over!

They have on their system to leave me be for 2 years. I hope they stick to it.

Once again thanks for your help, believe it or not this place gives me the foundation I need to do make the right moves.

:)
Last edit: 8 years 1 month ago by .
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8 years 1 month ago - 8 years 1 month ago #151264 by

ana wrote: Thank you for your replies Gordon and Bro58.
Sorry about throwing my messages around, I am confused as I look a lot of the time :silly:

I have unravelled what has happened;

Maximus received a request by DWP for an assessment in Sept 2015, following the reinstatement of basic ESA after the failed medical ,while waiting for Tribunal hearing.

This is why I received the ESA50 questionnaire soon after that.

This appointment was related to that date (Sep 2015) as confirmed by Maximus.

I have now spoken to DWP and they have on the system that this request was terminated (end date) in December following the Tribunal decision.

They are in the process of confirming with Maximus the cancellation of the request for reassessment.

Huge sigh of relief here. Mini panic over!

They have on their system to leave me be for 2 years. I hope they stick to it.

Once again thanks for your help, believe it or not this place gives me the foundation I need to do make the right moves.

:)


Hi a,

That is really good news a, !!!

Well done for challenging them and winning !!! :cheer: :cheer:

As I previously advised, I am aware of others who have successfully challenged this.

Did you ask The DWP ESA WCA Team to confirm in writing that they were cancelling your referral to Maximus ?

The last time I was helping someone with this issue, I requested that they did, and shock of shocks, they did !!!! :laugh:

You could also contact Maximus by e-mail asking them to confirm in writing by e-mail/letter that DWP have cancelled their referral to them and that you will not have to go through the re-assessment currently !!

Thanks for your kind words, we are all glad that we were able to help !!! :)

Now, you have remembered to Bookmark/Favourite this page in your browser, haven't you ana ?? :laugh:

bro58
Last edit: 8 years 1 month ago by .

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8 years 1 month ago #151277 by Orangeblossom
Replied by Orangeblossom on topic Assessment 3 months after wining ESA tribunal?
Hi Ana it might also be a good idea to ask for the ESA 85 report stating the reasons for putting you in the support group (or appeal paper stating the same) as this will be helpful to you in the future for when you are reassessed? Kind regards and hope you don't have to go through all that again
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8 years 1 month ago - 8 years 1 month ago #151279 by

Orangeblossom wrote: Hi Ana it might also be a good idea to ask for the ESA 85 report stating the reasons for putting you in the support group (or appeal paper stating the same) as this will be helpful to you in the future for when you are reassessed? Kind regards and hope you don't have to go through all that again


Hi Ob,

Even though requesting one's ESA85/ESA85A and other ESA docs can be helpful ( as advised : Here ) in any future re-assessments, as ana's current ESA SG Award was as a result of The Tribunal re-making the original adverse decision at appeal, the only ESA85/85A that would be available would be the original one which recommended the original adverse decision that ana has appealed !!

Therefore. it may not be that helpful !!

The Tribunal's Decision Notice should state the reasons why ana was placed into The SG !

bro58
Last edit: 8 years 1 month ago by .

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8 years 1 month ago - 8 years 1 month ago #151297 by anumao

"Did you ask The DWP ESA WCA Team to confirm in writing that they were cancelling your referral to Maximus ?

The last time I was helping someone with this issue, I requested that they did, and shock of shocks, they did !!!! :laugh:

You could also contact Maximus by e-mail asking them to confirm in writing by e-mail/letter that DWP have cancelled their referral to them and that you will not have to go through the re-assessment currently !!

bro58"



I had a phone call from DWP to confirm they had cancelled the appointment. I am however going to ask Maximus to confirm they have done so.

"Now, you have remembered to Bookmark/Favourite this page in your browser, haven't you ana ?? :laugh:"



Better do that now :blush:

Ana
Last edit: 8 years 1 month ago by .
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