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New ESA50 forms despite Tribunal decision. Why??

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5 years 8 months ago #235355 by Squishmallow
I need advice about how to proceed - I have been sent an ESA50 to complete out of the blue.

I have been in the Support Group for ESA (having been previously on Incapacity Benefit for many years) since 2012 since an Appeal Tribunal found in my favour and clearly stated on the decision notice that the Tribunal advised the DWP "never to reassess the appellant". I have a progressive, degenerative spinal condition and (no surprise) 7 years later, I am worse.

I have tried to call Job Centre Plus, Maximus, the DWP....with no success (on hold forever) to ask "is this right?" "Do you realise what has been already decided "by law"?. But yet I know they have the authority to do what they like, ignore facts and put me through the mill as before if they see fit.

My GP (one of the GPs who now make up the collective of the phone in service who doesn't really know me at all....my old supportive GP has left) says he believes that the Support Group no longer exists and that there is some change to move people to UC or PIP and that may be why I am getting an ESA50. He's writing a short letter to say "things are the same and she's still having treatment for a worsening condition" but not happy to go into detail about what I can or cannot do on a daily basis (no time he says; too busy).

I arrived at the Tribunal situation in 2012 as ATOS assessors quite frankly lied about me, ignored vital medical evidence, just cut me adrift and left me to fight (or drown as we know many did). It was this website that kept me focused and informed through that fight.

Now, I am frightened to put a foot wrong in what I say or do. I have written to CAB who helped me before (no answer; I am too immobile to turn up at the moment) and have until 4th Sept to get the forms back. It isn't enough time.

Please do you have any advice on what I should do? Or of this situation has arisen before? Can the DWP just ignore Tribunal stipulations?

I would be massively grateful for any guidance. Should I just challenge this form on the basis of the Tribunal comments? Or fill in the form and fight again? Or be applying for some other new benefit that replaces IB or ESA Support?

With many thanks

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5 years 8 months ago #235364 by Gordon
Squishmallow

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm afraid the Tribunals' recommendation for no further assessment was not binding on the DWP, they were/are entitled to reassess you at any time so you have been extremely lucky if you have not had your award looked at since 2012, the normal maximum period between assessments is three years.

The ESA Descriptors and Regulations have been updated since you were last assessed so use our ESA Claim guides to help you complete the form which you will need to do in detail and provide any evidence that you can.

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have more questions then please try and reply to this post and we will do our best to help.

Gordon

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

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