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Telling the truth

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8 years 5 months ago #143444 by Gordon
Replied by Gordon on topic Telling the truth
Thepower

We have another member who has just been told this as well.

If the DWP have done as they have said and put you onto IB again then they have unmade the ESA Decision(s) as a consequence there is no longer a Decision to appeal.

Of course this means that they will transfer you again, you have mentioned an assessment, if this has come from HAAS / Maximus then you need to contact them and insist that you are given time to complete and return a new ESA50. If it was just the DWP then hopefully when they pass your file to HAAS they will send a new ESA50.

Any ESA50 needs to be completed in detail based on your limitations as they are now, you should also supply any evidence that you have to support your claim, even if it has already been sent.

Gordon

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

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8 years 5 months ago #145130 by roythepower
Replied by roythepower on topic Telling the truth
3 days ago i received a letter saying that an appointment had been made for me for the 15th december. I sent an email to Maximus saying, that i insist i fill in a new form, and by law, your not meant to rebook me for 3 months after a decision change. I received a letter yesterday from Maximus saying that the DWP have said they have done everything right. I wrote another email saying, that does not reassure me, i know for a fact that the DWP, tell lies, so can i have it in writing, exactly what has been done and the dates. This i get 2 nice polite phone calls, on the first, the man went away to check on the dates i asked for. It was another man who rang me back, apologising and talking to me like i would expect to be spoken to, i asked him why this is happening and how no one has told me anything, he explained to me what happened, basically, because i started the appeals process the ooked at everything and saw that they would have been asked certain questions, they could not answer, because things had not been done right, and they were doing it again before they were told to do it again. He said wanted an appointment in 3 months time, i said no, by law, you have to wait this period before you can reassess me, i told him about the 15th dec 2015 date i had been given, he said he would get that retracted and arrange for another date in 3 or 4 months time. I asked him to put everything we spoke about in writing, he said he would do that. I asked about compensation for the distress i been through, he said i would have to put it in writing, all the time he was apologising. He was obviously senior management, not the usual jokers you get who are rude to you and put the phone down on you :) I had things explained to me, as it should be done

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8 years 5 months ago #145160 by Gordon
Replied by Gordon on topic Telling the truth
Thepower

I would be cautious of pursuing this "three month" rule as I do not believe you are covered by it.

From your previous posts there has not been a new Decision made on your claim, rather an old one has been re-applied. You are not on ESA which has such a rule for new Decision but rather IB where you have not had a Decision for many years.

Gordon

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

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8 years 4 months ago #145639 by roythepower
Replied by roythepower on topic Telling the truth
Hi Gordon, i have had a letter from Maximus cancelling the 15th Dec, and i think they mentioned the 6th Feb 2016. Surprisingly i am relaxed, i suppose the stress will start again after Xmas, mind you i have PIP coming up sometime too. Thanks for your great advice. No doubt i will be back

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