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2nd assessment. Its to soon.
- Beragon
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5 years 8 months ago #236581 by Beragon
2nd assessment. Its to soon. was created by Beragon
Dear Advisor,
Further to my previous question
I have been contacted by the DWP for a second assessment for Universal Credit limited capacity for work and work related activity. But this is 18 months after I won the appeal at the tribunal ( dated 19/12/2017.) I thought they had to leave you alone for two years after a person had successfully won an appeal. This would mean in effect that I would not be contacted until January 2020.
I queried this on the journal and was told that it is not two years from the Courts decision to award the benefit, but two years from their decision to disallow the benefit. Are they correct? What should I do??
Thank you
Further to my previous question
I have been contacted by the DWP for a second assessment for Universal Credit limited capacity for work and work related activity. But this is 18 months after I won the appeal at the tribunal ( dated 19/12/2017.) I thought they had to leave you alone for two years after a person had successfully won an appeal. This would mean in effect that I would not be contacted until January 2020.
I queried this on the journal and was told that it is not two years from the Courts decision to award the benefit, but two years from their decision to disallow the benefit. Are they correct? What should I do??
Thank you
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- BIS
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5 years 8 months ago #236596 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic 2nd assessment. Its to soon.
Hi Beragon
I'm afraid there is nothing to stop you from being reassessed. Hopefully, as you won your tribunal you will be able to provide them with enough evidence to avoid going that far again.
BIS
I'm afraid there is nothing to stop you from being reassessed. Hopefully, as you won your tribunal you will be able to provide them with enough evidence to avoid going that far again.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- peter
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5 years 8 months ago #236642 by peter
Replied by peter on topic 2nd assessment. Its to soon.
Mine was 2 year. 10 month later another form turns up then a face to face within a week.utter madness and god knows how much this is all costing.
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- Beragon
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5 years 8 months ago #236655 by Beragon
Replied by Beragon on topic 2nd assessment. Its to soon.
Hello again Bis
Having reread your response again today I am still confused as to the dates. The original decision, after the health assessment by Maximus saying no, was in June 2017. I then asked for a Mandatory Reconsideration 3 months, then appealed 6 months and won ( December 2017 ). Then I had to fight to get my money off them 2 months, so things were not sorted for over a year.
I feel sure that I have read somewhere that they cannot reassess you until two years after the court date.
I do realise that they can reassess you over and over again but ask again "if you win your appeal and the Court informs the DWP that you have won then surely this should be the date that is entered into their computer and only after this date should you get a letter saying you will be reassessed.
Thank you
Having reread your response again today I am still confused as to the dates. The original decision, after the health assessment by Maximus saying no, was in June 2017. I then asked for a Mandatory Reconsideration 3 months, then appealed 6 months and won ( December 2017 ). Then I had to fight to get my money off them 2 months, so things were not sorted for over a year.
I feel sure that I have read somewhere that they cannot reassess you until two years after the court date.
I do realise that they can reassess you over and over again but ask again "if you win your appeal and the Court informs the DWP that you have won then surely this should be the date that is entered into their computer and only after this date should you get a letter saying you will be reassessed.
Thank you
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- BIS
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5 years 8 months ago #236660 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic 2nd assessment. Its to soon.
Hi Beragon
You're trying to argue with the wrong person. I don't dispute your logic, but you need to argue it with the DWP. I don't know where you read that they cannot reassess until two years after the court date, because I know of several people who have been reassessed quite soon after their tribunal unless the tribunal made a ruling otherwise. I've tried to find such a ruling and can't find it anywhere. That's not to say it doesn't exist - but I'm not aware of it - so you need to speak to the DWP.
BIS
You're trying to argue with the wrong person. I don't dispute your logic, but you need to argue it with the DWP. I don't know where you read that they cannot reassess until two years after the court date, because I know of several people who have been reassessed quite soon after their tribunal unless the tribunal made a ruling otherwise. I've tried to find such a ruling and can't find it anywhere. That's not to say it doesn't exist - but I'm not aware of it - so you need to speak to the DWP.
BIS
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- cdcdi1911
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5 years 8 months ago #236670 by cdcdi1911
Replied by cdcdi1911 on topic 2nd assessment. Its to soon.
Hi Berogon,
My benefit knowledge is way out of date but my understanding is that the tribunal's recommendation regarding the next reassessment is not legally binding on the DWP but they usually respect it. However, they usually commence the process about three months early because it can take three months for the assessment form to be filled, processed and have a face-to-face booked.
Good luck, and obviously look at your old claim/appeal file and tell them your situation hasn't changed if that happens to be the case.
My benefit knowledge is way out of date but my understanding is that the tribunal's recommendation regarding the next reassessment is not legally binding on the DWP but they usually respect it. However, they usually commence the process about three months early because it can take three months for the assessment form to be filled, processed and have a face-to-face booked.
Good luck, and obviously look at your old claim/appeal file and tell them your situation hasn't changed if that happens to be the case.
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