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Assessment 3 months after wining ESA tribunal?

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6 years 6 months ago #145203 by anumao
Thank you Elisa, not quite sunk in yet.
I can rejoice now but they can't take back the stress, worry and the toll this has had on my already precarious health!
Anyway deep breath and moving on :-)
Ana
The following user(s) said Thank You: TheHud

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6 years 6 months ago #145204 by anumao
It's all true ;-)

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6 years 3 months ago #151063 by anumao
I had a tribunal appeal end of November 2015, which I won.

I was put back on ESA in support group. The judgement called for a period of 2 years before next assessment.

Now received a letter from Maximus where they ask me to attend a medical beginning of March.

I understand DPW doesn't have to follow this finding but 3 months is a little short. Feels more like harassment to me.

Do I have to subject myself to this again? I haven't recovered from the last fight. :(

Ana

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6 years 3 months ago #151072 by Gordon

ana wrote: I had a tribunal appeal end of November 2015, which I won.

I was put back on ESA in support group. The judgement called for a period of 2 years before next assessment.

Now received a letter from Maximus where they ask me to attend a medical beginning of March.

I understand DPW doesn't have to follow this finding but 3 months is a little short. Feels more like harassment to me.

Do I have to subject myself to this again? I haven't recovered from the last fight. :(

Ana


You can raise the issue with the DWP, involving your MP might help, but unless they withdraw the re-assessment in writing you need to complete the form and return it by the required date. No allowance will be made for you trying to have the requirement overturned so I cannot recommend your waiting to complete the form on the off chance that it is not required.

This is a full re-assessment of your claim so you need to complete the form in detail and supply evidence in support as you can, even if this has been previously submitted.

Gordon

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

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6 years 3 months ago - 6 years 3 months ago #151090 by anumao
Do I actually have a legal basis for asking DWP to withdraw this reassessment? I read somewhere in the forum, a couple of months ago, that by law they should wait a minimum of 8 months after the Tribunal judgement date. Was that correct?

Ana
Last edit: 6 years 3 months ago by .

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6 years 3 months ago - 6 years 3 months ago #151099 by

ana wrote: Do I actually have a legal basis for asking DWP to withdraw this reassessment? I read somewhere in the forum, a couple of months ago, that by law they should wait a minimum of 8 months after the Tribunal judgement date. Was that correct?

Ana


Hi a,

I see that you have a few other topics regarding ESA.

I will therefore merge them with this topic.

Please keep all your future ESA related queries to this topic ! :)

I am not sure where you read about the 8 months, but No, you have no legal basis once 3 months or more have passed since the date of the decision.

Even though the Tribunal made a recommendation that you should not be reassessed for 2 years, that is all that it is, a recommendation, and it is not legally binding.

You should take into account that as the Tribunal's SG Award would be back dated to the time of the adverse decision appealed, that you would then be classed as being in The SG since the date of the original adverse decision appealed.

These Tribunal recommendations where brought in a couple of years ago to stop "revolving door" appeals, which were causing unnecessary stress to claimants, congestions in the appeals system and extra cost to the taxpayer !

So even though the recommendations are not legally binding, you could still complain to your M.P. and Maximus, whilst also filling in your ESA50 within the deadline given in case your complaint is fruitless !

I can recall a few members who successfully challenged this issue by complaining and contacting their M.P., but you should continue with The ESA50 process unless you are told to the contrary.

Contact The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus).

Contacting your MP

You may also find This Post helpful !

Good luck and please keep us updated !

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic ! :)

bro58
Last edit: 6 years 3 months ago by .

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