Lost appeal! start again?

hi everyone
As I thought I lost my appeal, had I known about this web site i'm sure the result could have been better as my ESA50 was very shoddily filled in not knowing how to answer the questions!. Anyway onward and up, feeling peeved wont help. I understand by reading some of the advice on this site that I can still get ESA at the assessment rate, providing that my illness has worsened since the date of my benefit was stopped till I went to appeal and my doctor will provide sick notes?.

My question is how long do I get this for? as the actual assessment i believe now takes longer than 13 weeks, and will it still be paid once the 13 weeks have passed.

Thanks to all who use this wonderful site, never give up Tom

Thank you Gordon for that advice.

I really appreciate your help, as far as I can see I should have few problems, I called the DWP office on Tuesday 28th to reclaim, they told me that a new form would be sent out to me, it hasn't arrived yet, is this normal? usually when one requests something from the DWP and they tell you "it's will be sent out to you", it usually arrives within 2 days.

One thing that bothers me with these tribunal decisions is, can the DWP stop me from making a claim? although my illness has definitely got worse, IE, can a tribunal influence a decision to the DWP?

And also this dilemma of how these medical exams are done? For instance I read in both my ESA85s and in the DWP rulebook for ATOS examiners under their guide in section 3:

Training & Development

Revised WCA Handbook ESA (Amendment) Regulations 2011 and 2012)

3.1.4 Examining the Claimant
Information about appropriate clinical examination will be found in section 3.3,
examination of the musculoskeletal system as well as in the individual sections
dealing with functional categories.

NOTE THIS EVERYONE: 'You should seek and document the claimant's express permission before proceeding to carry out any physical examination that you deem to be necessary. It is vitally
important that all HCPs understand that they must not assume consent'.

this was not done on both assessments the assessor just said "can you stand up please" on both assessments every movement I made was painful and (in my opinion) excessive and the assessors witnessed this but was not in the report: I pointed this out in my last statement to the tribunal, telling them: "had i been made aware of this 'law' I would have refused to do any physical movements on the grounds that finding just one movement very painful is sufficient to refuse further examination". they wrote what I said but made no comment.

ok i'll leave it at that for now thanks again Gordon. Tom.

Asking the claimant to perform certain actions would not be classed as an 'examination' in this case, the guide is specifically referring to occasions when the HCP has to physically touch the claimant in order to carry out an examination - failure to obtain consent beforehand might be classed as assault. However, as Gordon says, it could be argued that the claimant has given consent by turning up for the appointment. The handbook refers to 'best practice' rather than law.