- Posts: 161
× Members
ESA APPEAL on good cause
- Billy
- Topic Author
- Offline
Less More
4 years 11 months ago #230742 by Billy
ESA APPEAL on good cause was created by Billy
Hi Gordon Could I ask you a couple of questions I recently won an Appeal for refusing to go to an ESA Assessment, and my benefit was stopped
1/ It states Mr
has shown good cause for his failure to attend his medical examination on 5/10/2018.
Should i be refunded to the date above
2/The DWP stated on the response....If the Tribunal decide that Mr
HAS shown good cause for the failure to attend the examination, I respectfully request that they consider whether Mr
can be treated as having Limited Capability for work until determination about Limited Capability has been made
The Tribunal did not give the answer to that....and does it also mean I will still need to go for an assessment
1/ It states Mr
has shown good cause for his failure to attend his medical examination on 5/10/2018.
Should i be refunded to the date above
2/The DWP stated on the response....If the Tribunal decide that Mr
HAS shown good cause for the failure to attend the examination, I respectfully request that they consider whether Mr
can be treated as having Limited Capability for work until determination about Limited Capability has been made
The Tribunal did not give the answer to that....and does it also mean I will still need to go for an assessment
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51068
4 years 11 months ago - 4 years 11 months ago #230744 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA APPEAL on good cause
Billy
Yes, your ESA should be put back into payment from the date that it was stopped.
The DWP will need to liaise with Maximus to decide whether a face to face assessment is still required and if it is, whether a home assessment would be appropriate.
If you were receiving the ESA Assessment rate then you will need to provide Fit Notes to allow continued payment.
Gordon
Yes, your ESA should be put back into payment from the date that it was stopped.
The DWP will need to liaise with Maximus to decide whether a face to face assessment is still required and if it is, whether a home assessment would be appropriate.
If you were receiving the ESA Assessment rate then you will need to provide Fit Notes to allow continued payment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 11 months ago by Gordon.
The following user(s) said Thank You: Billy
Please Log in or Create an account to join the conversation.
- Billy
- Topic Author
- Offline
Less More
- Posts: 161
4 years 11 months ago #231014 by Billy
Replied by Billy on topic ESA APPEAL on good cause
Hi Gordon an update...last night after 6 pm the DWP phoned me and asked if my bank account was the same as monies were being back dated, but at the end of the conversation she stated that i would be getting sent for an assessment
I refused to go the assessment centre previously as it was 28 miles away and in a capital city centre, in which the whole process would take at least 2 hours and I was not fit to sit for that length of time and obviously as stated above the Tribunal agreed with me, but now it seems I am going to be sent to the same assessment centre and I will have to through the same process again, have you any thoughts on this?
Also what I would like to ask you, when I filled in the questionnaire which was march 2018 I was not diagnosed with Arthritis and was not on my list of illnesses but in the last few months I have been told I have Arthritis, can I use this to let them know it is affecting my condition and making it worse
I refused to go the assessment centre previously as it was 28 miles away and in a capital city centre, in which the whole process would take at least 2 hours and I was not fit to sit for that length of time and obviously as stated above the Tribunal agreed with me, but now it seems I am going to be sent to the same assessment centre and I will have to through the same process again, have you any thoughts on this?
Also what I would like to ask you, when I filled in the questionnaire which was march 2018 I was not diagnosed with Arthritis and was not on my list of illnesses but in the last few months I have been told I have Arthritis, can I use this to let them know it is affecting my condition and making it worse
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51068
4 years 11 months ago #231026 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA APPEAL on good cause
Billy
You need to wait for the appointment, it may not be the same assessment centre.
If your conditions and more importantly limitations have changed since you completed the ESA50 then I would write to Maximus explaining the problems that you now have with completing the ESA activities.
Gordon
You need to wait for the appointment, it may not be the same assessment centre.
If your conditions and more importantly limitations have changed since you completed the ESA50 then I would write to Maximus explaining the problems that you now have with completing the ESA activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Billy
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris