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Assessment 3 months after wining ESA tribunal?

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6 years 10 months ago - 6 years 10 months ago #138375 by anumao
Hi Bro58

Just noticed something.
Three years ago I was found fit for work also but was put back on ESA with support because the Mandatory reconsideration overturned the Fit for work findings.
Does this make my claim the second Fit for work decision?
Thanks

Ana
Last edit: 6 years 10 months ago by .

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6 years 10 months ago #138377 by Gordon

ana wrote: Hi Bro58

Just noticed something.
Three years ago I was found fit for work also but was put back on ESA with support because the Mandatory reconsideration overturned the Fit for work findings.
Does this make my claim the second Fit for work decision?
Thanks

Ana


No the revised Decision removed that Fit for Work Decision so it no longer applies.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: anumao

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6 years 10 months ago - 6 years 10 months ago #138378 by

ana wrote: Hi Bro58

Just noticed something.
Three years ago I was found fit for work also but was put back on ESA with support because the Mandatory reconsideration overturned the Fit for work findings.
Does this make my claim the second Fit for work decision?
Thanks

Ana


Hi a,

If this was 3 years ago, it would have been under the "old" appeals system where one received a "Reconsideration" automatically when an appeal was lodged with The DWP using the old GL24 Form.

The "new" MR system came in October 2013.

It wouldn't matter anyway, even if it were under the MR system, as the revised decision re-made the original adverse fit for work decision, so in effect, that fit for work decision never existed.

The new rules regarding "Repeat" ESA claims is only where the first fit for work decision has gone as far as The Tribunal, and they have not changed the fit for work decision.

Any revision of an adverse decision whether by The DWP at Reconsideration MR stage, or by The TS at a hearing, re-makes the original adverse decision from the date of that decision, so it is as if it was never made at all.

bro58
Last edit: 6 years 10 months ago by .

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6 years 10 months ago - 6 years 10 months ago #138379 by

bro58 wrote:

ana wrote: Hi Bro58

Just noticed something.
Three years ago I was found fit for work also but was put back on ESA with support because the Mandatory reconsideration overturned the Fit for work findings.
Does this make my claim the second Fit for work decision?
Thanks

Ana


Hi a,

If this was 3 years ago, it would have been under the "old" appeals system where one received a "Reconsideration" automatically when an appeal was lodged with The DWP using the old GL24 Form.

The "new" MR system came in October 2013.

It wouldn't matter anyway, even if it were under the MR system, as the revised decision re-made the original adverse fit for work decision, so in effect, that fit for work decision never existed.

The new rules regarding "Repeat" ESA claims is only where the first fit for work decision has gone as far as The Tribunal, and they have not changed the fit for work decision.

Any revision of an adverse decision whether by The DWP at Reconsideration MR stage, or by The TS at a hearing, re-makes the original adverse decision from the date of that decision, so it is as if it was never made at all.

bro58


Or, to put it simply :

"No the revised Decision removed that Fit for Work Decision so it no longer applies.

Gordon"

:laugh::laugh::laugh:


bro58
Last edit: 6 years 10 months ago by .

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6 years 10 months ago #138381 by anumao
You have both been wonderful, thank you so much for the clarifications.
Maybe now I can try getting my head out of the hole of paralysis it is in.
:unsure:
Ana

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6 years 7 months ago - 6 years 7 months ago #142202 by anumao
Hi,

I received a new ESA50 questionnaire while I wait for an appeal date from the Tribunal.
I called the benefits office to ask why and I was told to ask Maximus. It follows I asked Maximus why was this happening and they said that because the Benefits office asked for a review of my case that they were asking me to fill it again.

My question is, am I legally obliged to go through this again ( ESA50 and medical assessment)? They already showed a lot ignorance about my condition, I don't feel confident about their ability to do a fair assessment while the process is going through the courts.

Regards

Anabela
Last edit: 6 years 7 months ago by slugsta.

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