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ESA Support Group
- sandrabrown87@live.co.uk
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5 years 1 month ago #246448 by sandrabrown87@live.co.uk
ESA Support Group was created by sandrabrown87@live.co.uk
Hi,
I am in the Support Group and my last Medical Report from 2018 stated I will not work again. However, I have to still go through a medical. Do you have any information on this as it seems ludicrous amd a waste of time and money? Thanks
Many Thanks for your previous help.
I am in the Support Group and my last Medical Report from 2018 stated I will not work again. However, I have to still go through a medical. Do you have any information on this as it seems ludicrous amd a waste of time and money? Thanks
Many Thanks for your previous help.
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5 years 1 month ago #246450 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group
Honey
You say that your last medical report states you will not work again, what is this report?
Whilst it may sound counter-intuitive ESA does not directly test a claimants ability to work, this is decided upon as a result of the tests that are done, so a report that says that you are unable to work may in fact carry little weight if it does not directly address the ESA Descriptors.
With some exceptions, all ESA claimants should expect to be reassessed at any time from three months after the last Decision to two years for the WRAG and three for the Support Group.
Gordon
You say that your last medical report states you will not work again, what is this report?
Whilst it may sound counter-intuitive ESA does not directly test a claimants ability to work, this is decided upon as a result of the tests that are done, so a report that says that you are unable to work may in fact carry little weight if it does not directly address the ESA Descriptors.
With some exceptions, all ESA claimants should expect to be reassessed at any time from three months after the last Decision to two years for the WRAG and three for the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sandrabrown87@live.co.uk
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5 years 1 month ago #246463 by sandrabrown87@live.co.uk
Replied by sandrabrown87@live.co.uk on topic ESA Support Group
THE MEDICAL REPORT IS FROM THE ASSESSMENT CARRIED OUT BY MAXIMUS ON BEHALF OF DWP. I ALREADY KNOW ABOUT THE 3 YEARS SUPPORT GROUP MEDICAL REVIEW. I WAS LOOKING FOR FURTHER INFORMATION ON MY QUESTION AS IT SEEMS HARD TO FIND AN ANSWER ETC. THANKS
SORRY JUST REALISED TYPED IN CAPS.
SORRY JUST REALISED TYPED IN CAPS.
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5 years 1 month ago - 5 years 1 month ago #246465 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group
Honey
The assessor can recommend no further assessment if the claimant meets certain criteria but as this is an operational decision and not part of the legal Decision claimants cannot challenge it, if you have not been told that you are excused then it is assessments as frequently as the DWP decide.
Gordon
The assessor can recommend no further assessment if the claimant meets certain criteria but as this is an operational decision and not part of the legal Decision claimants cannot challenge it, if you have not been told that you are excused then it is assessments as frequently as the DWP decide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 1 month ago by Gordon.
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5 years 1 month ago #246468 by sandrabrown87@live.co.uk
Replied by sandrabrown87@live.co.uk on topic ESA Support Group
Gordon,
The assessor did recommend no further assessments. Do you mean by operational decision that ESA can refuse the recommendation? Therefore it does not form part of the decision and cannot be legally challenged? Thanks
The assessor did recommend no further assessments. Do you mean by operational decision that ESA can refuse the recommendation? Therefore it does not form part of the decision and cannot be legally challenged? Thanks
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5 years 1 month ago #246471 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Support Group
Honey
Yes, that is what I mean, you could write to the DM to ask them why they have ignored the recommendation but you cannot request an MR or appeal even if you were still within 13 months of the 2018 Decision
Gordon
Yes, that is what I mean, you could write to the DM to ask them why they have ignored the recommendation but you cannot request an MR or appeal even if you were still within 13 months of the 2018 Decision
Gordon
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