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esa confusion

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11 years 10 months ago - 11 years 10 months ago #85752 by abeer
esa confusion was created by abeer
hi im new to this site.
i was put in esa wrag 2 years ago. now its stopped because been on it for more than a year. however i was granted a revision to apply for esa support group. This failed and now i have to attend tribunal. I have not had an atos medical for two years although i have a letter referring to my recent medical on 21/1/12 (confusing). Somethings wrong can anyone offer advice.
also i read a medical assessment must be made and an ESA85 to be submitted by atos health prof to tribunal.......more confusing. advice appreciated. thks
Last edit: 11 years 10 months ago by slugsta.

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11 years 10 months ago #85765 by Gordon
Replied by Gordon on topic Re:esa confusion
bubbles wrote:

hi im new to this site.
i was put in esa wrag 2 years ago. now its stopped because been on it for more than a year. however i was granted a revision to apply for esa support group. This failed and now i have to attend tribunal. I have not had an atos medical for two years although i have a letter referring to my recent medical on 21/1/12 (confusing). Somethings wrong can anyone offer advice.
also i read a medical assessment must be made and an ESA85 to be submitted by atos health prof to tribunal.......more confusing. advice appreciated. thks

It sounds like you were placed back into the WRAG, following your "revision", in these circumstances, ATOS are not required to hold a medical, if they believe they can make a recommendation based on your ESA50 and any attached evidence. I think it is this recommendation that is being referred to as you mdeical of 21/1/12.

I'm afraid it is only when being potentially found Fit for Work that a medical must be held.

You can write to the Tribunal Service asking that they order a medical be held, although they are not obliged to hold one.

Please have a look at our ESA Appeal guide

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

and the following FAQ

Preparing for a Tribunal

Gordon

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

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11 years 10 months ago - 11 years 10 months ago #85767 by abeer
Replied by abeer on topic Re:esa confusion
thank you will take your advice and look at esa appeal guide.
Last edit: 11 years 10 months ago by slugsta.

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