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Advice needed on ESA claim

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6 years 10 months ago #215973 by QWERTY
Advice needed on ESA claim was created by QWERTY
Hi,

My ESA claim was ended because I failed to return form due to illness. I appealed and have been re-instated ( before I had to go tribunal), but am confused where I now stand.

The decision letter re-instated my claim and said I was being placed in the support group. i am not sure if this means that my claim has been reviewed and I am being placed in the support group, or if I am still waiting on a decision about my review.

Please can you give me advice on my current position and what I need to do now?
Do I ask for a statement of reasons for decision to re-instate?
Am I waiting to be called for medical to assess claim?
Do you know how long they take to make decisions on an ESA claim review?

I am trying not to get ahead of myself but feel I am in limbo, worrying every day where I stand.
Should I contact dwp for further info on this? Is it necessary to contact within one month of decision letter?

I would really appreciate any advice you can give me.
Thanks.

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6 years 10 months ago #215984 by Gordon
Replied by Gordon on topic Advice needed on ESA claim
QWERTY

There are two issues that you need to pursue, first, you need to get the DWP to put your Support Group award back into payment. It usually takes them 5-8 weeks to do this, I would call them to make sure that they have received a copy of the Decision Notice.


Once your ESA is in payment and you have no obligation before this happens, you need to find out what is going on with the reassessment. You do not say whether you actually returned the ESA50 in the end? The normal practice is for a new ESA50 to be sent with another deadline for its return but if they have your completed ESA50 then they may continue on to an assessment.

To be clear, once your ESA is back into payment you only need to take sufficient action to ensure that it will not be stopped again, you do not need to chase the DWP to reassess you, your award continues until a new Decision is made.

Gordon

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

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6 years 10 months ago #215993 by QWERTY
Replied by QWERTY on topic Advice needed on ESA claim
Hi,

My Support Group award has been put back into payment. Do I still need to call DWP to make sure that they have received a copy of the Decision Notice?

I have withdrawn my appeal and have received a letter from the Tribunals service confirming withdrawal, but have not heard from dwp re withdrawal of appeal. Will dwp write to me to acknowledge that my appeal has been withdrawn since I received decision?

My ESA50 form was returned. How long would it be until they called me for a medical/ make
a decision on a claim review? Will they send another letter about the reassessment?

Please could you advise me what to do next, do I have to ask for further info within one month of the decision? Am I basically waiting to hear from dwp about reassessment?
Thanks.

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6 years 10 months ago #215996 by Gordon
Replied by Gordon on topic Advice needed on ESA claim
QWERTY

Sorry I missed that the Decision was revised by the DWP before your appeal was heard.

As you have now returned an ESA50 and your ESA is in payment then the next stage is an assessment, wait time for this vary considerably from 5-8 weeks to 5-8 months the more rural your location is. Notification will be sent by Maximus not the DWP.

Gordon

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