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ESA50 questionnaire & appeal

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12 years 8 months ago #90778 by ROSIE75
ESA50 questionnaire & appeal was created by ROSIE75
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.

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12 years 8 months ago #90780 by Gordon
Replied by Gordon on topic Re:ESA50 questionnaire & appeal
ROSIE75 wrote:

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.

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.

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

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12 years 8 months ago #90783 by ROSIE75
Replied by ROSIE75 on topic Re:ESA50 questionnaire & appeal
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?

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12 years 8 months ago #90786 by Gordon
Replied by Gordon on topic Re:ESA50 questionnaire & appeal
ROSIE75 wrote:

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?

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.

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

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12 years 8 months ago #90795 by slugsta
Replied by slugsta on topic Re:ESA50 questionnaire & appeal
My recon is now into its 5th month. I did phone up earlier this month to see how hings were going and was told that they were just then starting on the caseload from April :unsure:

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12 years 8 months ago #90814 by ROSIE75
Replied by ROSIE75 on topic Re:ESA50 questionnaire & appeal
Thanks Gordon & Mrs Hurtyback for that. Do you still think there is a chance, at this 5 month stage, that the reconsideration could, perhaps, go in my favour? I know it's probably a long shot but, what the hell, I thought I'd ask for your opinion. I will get in touch with them, like you've said, I've got nothing to lose. Thanks.

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