- Posts: 60
ESA50 questionnaire & appeal
- ROSIE75
- Topic Author
- Offline
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Your appeal can continue in parallel to any new assessment you have been required to undertake. Remember an Appeal re-makes the original Decision, it does not create a new one.Hi, I am currently waiting to hear about the outcome of the reconsideration stage of my appeal to be put in the support group. As it has been 6 months since I was put in the WRAG I have just received a new ESA50 form to fill out from ATOS. Now if I am successful and am placed in the support group, after filling out the questionnaire, what then happens about my appeal , if I still haven't heard anything by then? Would I still have to go to a tribunal (if the reconsideration was not in my favour) even though they have put me in the support group because of the ESA50 (hopefully without having to attend a medical)!? This is all so complex and ridiculous. Many thanks.
You need o be aware that the Decision resulting from this Assessment may limit any award made by the Tribunal panel, when you case is held.
As it has been six months since you submitted your Appeal, you might want to check with the DWP regarding its status, as this is a long time to wait for a Reconsideration to complete.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- ROSIE75
- Topic Author
- Offline
- Posts: 60
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
Reconsideration usually take anywhere between a couple of weeks and three months to complete, although there has been a worrying trend recently of them taking in some cases, more than three months.Hi Gordon, it was 5 months ago when I sent off my appeal form and it was 3 months ago when I sent off additional evidence. I did have confirmation of the appeal but nothing about the additional evidence. I did think about contacting them but didn't want to rock the boat, so to speak. I did see one thread where somebody had found out that the decision to put them in the support group from the WRAG (after reconsideration) was after one month of sending off for an appeal. Is this usually what happens if someone is successful at the reconsideration stage, that they will hear back after a month? If this is the case then i'll have to psyche myself up for the tribunal, as it's been a few months since I heard anything off the DWP?
If you have waited five months, I would certainly be concerned as to what is happening with it, you are entitled to ask what is happening with the process, and doing so should have no effect on the outcome of the process.
I would wait until you have spoken to them before deciding, but I would certainly consider making a complaint over the time being taken for this. See
Complaining to the DWP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
- Posts: 9439

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- ROSIE75
- Topic Author
- Offline
- Posts: 60
Please Log in or Create an account to join the conversation.