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TOPIC: How often are ESA claims reviewed?

How often are ESA claims reviewed? 9 years 3 months ago #28001

  • psammead124
Hi, I was wondering if there are any guidelines about how often ESA claims are reviewed - how long do they generally leave you alone once you have been awarded?

(I fear this is a 'how long is a piece of string' question :blink:)

I have been lucky enough to pass my appeal this week but am in *dread* of receiving a new form or being asked to a medical.

Thanks very much.

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Re:How often are ESA claims reviewed? 9 years 3 months ago #28002

  • millymoo
Hi

It should tell you on your letter of confirmation that you have been awarded ESA when it is due for renewal. Which group hve they put you into? I have ben put into the support group with no renewal date and when i asked DWP how long it was for i was told it was indefinate, but they have the right to review it at any time!!! So its in the lap of the gods!!!! Once again we are beholden to them!!!!! :woohoo:

Mm x

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Re:How often are ESA claims reviewed? 9 years 3 months ago #28005

psammead124 wrote:

Hi, I was wondering if there are any guidelines about how often ESA claims are reviewed - how long do they generally leave you alone once you have been awarded?

(I fear this is a 'how long is a piece of string' question :blink:)

I have been lucky enough to pass my appeal this week but am in *dread* of receiving a new form or being asked to a medical.

Thanks very much.


As you were successful with your ESA appeal, the tribunal will not set a date when your entitlement is due for review.

It appears to be the case that when an ESA appeal is successful, the work capability assessment process is immediately restarted, normally with the further issue of an ESA50. The argument that would likely to be put forward is that the tribunal were only looking down to the date of the decison under review, and things may have changed with a claimant's medical condition since that date.

ESA claimants with some justification believe that starting the WCA process again so soon after a successful appeal is retribution for the success, but there is no way of telling that this is indeed the case?

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Re:How often are ESA claims reviewed? 9 years 3 months ago #28018

  • psammead124
Thanks both for your reply.

Millymoo - well done (weird thing to say) for getting into the support group and I hope that indefinite means they'll leave you be for a while! I am in the work-related group.

Crazydiamond - thanks, I thought this might be the case. It seems strange that they assume you might have improved, given that during that whole appeal period you've had to supply sick notes from your GP. DWP logic is not the same as ours, evidently.

If they do send for me again is there anything I can do about it? These past months have been awful and I fear I wouldn't cope with having to do it all over again.

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Re:How often are ESA claims reviewed? 9 years 3 months ago #28020

If they do send for me again is there anything I can do about it? These past months have been awful and I fear I wouldn't cope with having to do it all over again.


There is not a lot you can do about having to undergo another WCA, but for what it is worth you could make a complaint to your consistuency MP to illustrate how costly and farcical the WCA procedure together with an appeal (about £300 per appellant) is, to the taxpayers of the country.

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