Going ahead with tribunal or waiting for new form?

Thanks bro58!!!

I don't want to irritate the DWP (although I'm fully aware 'they' have caused my nightmare) in case it results in my being reassessed soon. I REALLY want to know when I'm due to be reassessed, ie I want to know my award length. It was originally due the middle of this month but I have other health/treatment things to do first. I don't want my new ESA50 to be sprung on me - I want to be VERY prepared this time. Should I rather generally ask how long my award is instead of asking expressly for the LT54? Or am I completely within my rights (even with a favourable appeal decision) to ask for it?

grace wrote: Thanks bro58!!!

I don't want to irritate the DWP (although I'm fully aware 'they' have caused my nightmare) in case it results in my being reassessed soon. I REALLY want to know when I'm due to be reassessed, ie I want to know my award length. It was originally due the middle of this month but I have other health/treatment things to do first. I don't want my new ESA50 to be sprung on me - I want to be VERY prepared this time. Should I rather generally ask how long my award is instead of asking expressly for the LT54? Or am I completely within my rights (even with a favourable appeal decision) to ask for it?

Hi G,

Many, many people request written confirmation of the prognosis of an award, even when successful.

You are perfectly within your rights to do so.

You could do this in the form of a SAR :

SAR Form Download

From this page :

DWP Data Protection Policy

You should address this FAO DWP Data Controller, at the address of the Benefits Office that deals with your ESA.

Write DPA 1998 SAR in front, top, left corner of the envelope.

There is no charge, and the DWP have 40 calendar days from receipt to comply. :

Sending Documents to the DWP or ATOS

You could particularly request The LT54, and The ESA85 or ESA85A whichever is applicable.

You could then add comment that you are requesting all documentation used in coming to the decision.

You can also particularly request which descriptors were applied in giving The SG award, and the recommended date for your next WCA reassessment.

You will then have the information in writing for future reference.

bro58

Am I misunderstanding something, bro58? I already have my ESA85 from December which I used, amongst many others docs, to write my grounds/further evidence which I sent on the 19th. In terms of "future reference" I can't see that I will be needing the DWP's recent documentation: I've got the right/successful decision and just have to wait until my next assessment?

I will definitely ask for the LT54, which descriptors and the date for next assessment!

Thanks so much everyone for your help!!!

grace wrote: Am I misunderstanding something, bro58? I already have my ESA85 from December which I used, amongst many others docs, to write my grounds/further evidence which I sent on the 19th. In terms of "future reference" I can't see that I will be needing the DWP's recent documentation: I've got the right/successful decision and just have to wait until my next assessment?

I will definitely ask for the LT54, which descriptors and the date for next assessment!

Thanks so much everyone for your help!!!

Apologies G,

Of course you have the ESA85 !! I think I went into "auto pilot" with my response.

Yes, request the LT54, and also make the particular written request regarding the prognosis of the SG award and which descriptor/s was/were applied.

You will then cover all bases, in case the LT54 doesn't cover it.

bro58

A letter arrived today, dated 5th August, from the TS saying:
"I have been advised that the Appeals Officer has revised the decision on your case and that the new decision is a more favourable one. This means that your appeal has now lapsed and I will take no further action." That's quite some time they took to notify me when my local BDC's letter was dated 26th July (arrived 1st Aug)!

Can I check: Who is the "Appeals Officer"? One of the panel, the judge? So the TS changed the decision, not ESA Appeals Lowestoft? I need to know so I can address my letter to them.

Thanks!

grace wrote: A letter arrived today, dated 5th August, from the TS saying:
"I have been advised that the Appeals Officer has revised the decision on your case and that the new decision is a more favourable one. This means that your appeal has now lapsed and I will take no further action." That's quite some time they took to notify me when my local BDC's letter was dated 26th July (arrived 1st Aug)!

Can I check: Who is the "Appeals Officer"? One of the panel, the judge? So the TS changed the decision, not ESA Appeals Lowestoft? I need to know so I can address my letter to them.

Thanks!

Hi g,

It seems that they are now calling DWP Decision Makers (DM's) who deal with reconsiderations/appeals "Appeals Officers".

So they would work for the DWP and not The TS.

It will be the DWP DM that revised the decision in your favour.

bro58