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ESA50
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11 years 7 months ago #92454 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA50
Issie wrote:
Unless you have it in writing from the DWP that you do not need to complete this new ESA50, you should assume that you do and that it needs to be returned by the date in the accompanying letter.
Gordon
The Tribunal Decision remakes the original Decision you appealed and applies from the same date, so from the DWP point of view you have not been re-assessed for probably the best part of a year.As I am sat in the tribunal with my son only 2 days ago the same day the DWP and Atos send out another ESA50 to fill in, it arrived this morning. We won the tribunal - I am assuming they haven't yet received the Tribunal decision so I have sent a copy of the decision to them - surely we don't have to fill another ESA 50 again?
Unless you have it in writing from the DWP that you do not need to complete this new ESA50, you should assume that you do and that it needs to be returned by the date in the accompanying letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Issie
11 years 7 months ago - 11 years 7 months ago #92455 by Issie
Replied by Issie on topic Re:ESA50
OK thanks for that - what a totally crazy system we have:-(
Last edit: 11 years 7 months ago by slugsta.
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- Issie
11 years 7 months ago #92469 by Issie
Replied by Issie on topic Re:ESA50
Well just to be on the safe side I rand the Jobcentre plus - they said ignore it:-) but then I rang Atos who said I had to fill in the ESA50 form and start all over again.
Have now emailed MP - and will write to the Tribunal Service - it is a mockery of the system if a Tribunal Judge can agree son should be in Support Group with a recommendation he is not re-assessed for 24 months - and then 2 days later we have the ESA drop theough the door and have to start all over again.
I intend to write to the Tribunal to let them know that there time and money as been wasted in this situation - there is something sadly wrong with the system:-(
Have now emailed MP - and will write to the Tribunal Service - it is a mockery of the system if a Tribunal Judge can agree son should be in Support Group with a recommendation he is not re-assessed for 24 months - and then 2 days later we have the ESA drop theough the door and have to start all over again.
I intend to write to the Tribunal to let them know that there time and money as been wasted in this situation - there is something sadly wrong with the system:-(
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11 years 7 months ago #92472 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA50
Issie
The issue is that ESA awards are infinite, the re-assessmen period does not form part of the Decision and as a result cannot be challenged.
Tribunals recommending a re-assessment period is very new, and so far untested, but I think it unlikely that the panel can impose its will over this matter.
To re-iterate my previous advice, unless you have it in writing from the DWP that this ESA50 does not need to be completed, you must assume that will have to return it by the required date.
Gordon
The issue is that ESA awards are infinite, the re-assessmen period does not form part of the Decision and as a result cannot be challenged.
Tribunals recommending a re-assessment period is very new, and so far untested, but I think it unlikely that the panel can impose its will over this matter.
To re-iterate my previous advice, unless you have it in writing from the DWP that this ESA50 does not need to be completed, you must assume that will have to return it by the required date.
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.
- Issie
11 years 7 months ago - 11 years 7 months ago #92485 by Issie
Replied by Issie on topic Re:ESA50
Many thx Gordon - I am following your advice and have completed the form with medical evidence and the very recent tribunal decision - it's just so frustrating that 2 days after winning an appeal I am having to start all over again - perverse even - but thank you I understand entirely what you are saying - thank goodness I am his legal appointee and can deal with these people.
Best Wishes everyone
Issie x
Best Wishes everyone
Issie x
Last edit: 11 years 7 months ago by Gordon.
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