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2ND ESA50 after RC wrote SG until Dec2014

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11 years 2 weeks ago - 11 years 2 weeks ago #102577 by axel71
Hello. My friend appealed decision made in Dec 2012 of WRAG for 1 year. He received DWP reconsideration letter dated 2/3/13 , which overturned it and placed him in SG for 2 years. Letter writes "We will look at your claim again in December 2014"

Exactly one month later on the 2/4/13 he received another ESA50 requesting submission by 3/5/13. :angry:

He got a friend to write a letter to ATOS a week ago, complaining it appears it has been sent in error and that they have not updated their computer system because the reconsideration letter (copy enclosed) states the DWP will look at his claim again in December 2014.

We wondered if anyone believes the 2nd ESA50 is likely to be an error please, given there is mention on the forum that others have recieved them in error. Here we have a situation where ATOS may still have him down incorrectly as the 1 year WRAG award on their computer, but the one month after Recon gave him 2 years SG seems too soon to be legitimate ? He hasnt even recieved the back payment yet, 6 weeks on it is still in the queue.

He is not well enough to fill in another ESA50, either physically or mentally even if someone else sits there with him doing it, he is too ill to pay attention.

If it turns out it is not an error and his benefit stops we wonder whether to get a brief letter done to his MP requesting assistance to complain to ATOS of harassment.
Last edit: 11 years 2 weeks ago by .

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11 years 2 weeks ago #102586 by Gordon
Replied by Gordon on topic 2ND ESA50 after RC wrote SG until Dec2014
Survival

We can only give advice based on the legislation and our experience of the system.

The re-assessment date does not form part of the Decision to award ESA and as a result to DWP are entitled to do so at any time they coose.

Unless your friend receives written notice that they do not need to complete the ESA50, they should assume that they do and that it needs to be returned by the notified date.

Whilst it is possible, in certain circumstances, that the assessment process will continue without the ESA50 being returned, it also possible that their file will be returned to the DWP and their claim will be closed, although this would be an appealable Decision.

In addition to contacting their MP, they should contact the DWP about this, as ATOS do not have any authority to make a decision on this matter.

Gordon

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