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won esa appeal
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11 years 10 months ago - 11 years 10 months ago #106291 by magpiejoe08
won esa appeal was created by magpiejoe08
hello, I received 30points on my esa medical in September last year. and was placed in the wrag, I appealed and won my case in june this year, now I am wondering when I can expect my next medical even though it has been recommended by the tribunal that they leave me alone for 2 years. even so I cannot rule out that the dwp could also appeal against the tribunal decision. I know I may sound pessimistic, but i'm afraid that's the way atos make you feel. thanks very much for all your help and good luck to everyone on this site.
Last edit: 11 years 10 months ago by bro58.
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- bro58
11 years 10 months ago - 11 years 10 months ago #106292 by bro58
Hi mpj,
The only way to be sure of your next reassessment date, is to ring the DWP on the number on any ESA letters.
You will probably get through to a call responder in a Call Centre. They "may" have the reassessment date on screen. However, to be sure, I would recommend that you request a call back from The WCA Team in the Benefits Office/Centre, that administers your current ESA.
These Tribunal recommendations are just that, and have no legal standing.
As Gordon has pointed out recently, if these recommendation were adhered to, and were taken from the date of the Tribunal decision, (as is the intention) then this could mean that someone may enjoy an ESA award for longer than the permitted 3 years maximum.
On the other hand, we have had members who have challenged a reassessment before the one recommended by The Tribunal by involving their M.P., and they have been successful.
I suppose it may depend on the original date of the adverse decision appealed, and how long a prognosis any Tribunal recommendation would result in, from that date.
bro58
Replied by bro58 on topic won esa appeal
magpiejoe08 wrote: hello, I received 30points on my esa medical in September last year. and was placed in the wrag, I appealed and won my case in june this year, now I am wondering when I can expect my next medical even though it has been recommended by the tribunal that they leave me alone for 2 years. even so I cannot rule out that the dwp could also appeal against the tribunal decision. I know I may sound pessimistic, but i'm afraid that's the way atos make you feel. thanks very much for all your help and good luck to everyone on this site.
Hi mpj,
The only way to be sure of your next reassessment date, is to ring the DWP on the number on any ESA letters.
You will probably get through to a call responder in a Call Centre. They "may" have the reassessment date on screen. However, to be sure, I would recommend that you request a call back from The WCA Team in the Benefits Office/Centre, that administers your current ESA.
These Tribunal recommendations are just that, and have no legal standing.
As Gordon has pointed out recently, if these recommendation were adhered to, and were taken from the date of the Tribunal decision, (as is the intention) then this could mean that someone may enjoy an ESA award for longer than the permitted 3 years maximum.
On the other hand, we have had members who have challenged a reassessment before the one recommended by The Tribunal by involving their M.P., and they have been successful.
I suppose it may depend on the original date of the adverse decision appealed, and how long a prognosis any Tribunal recommendation would result in, from that date.
bro58
Last edit: 11 years 10 months ago by bro58.
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- bro58
11 years 10 months ago #106294 by bro58
Replied by bro58 on topic won esa appeal
Hi mpj08,
Almost forgot !!!
Congratulations on winning your appeal, and being placed into The SG.
bro58
Almost forgot !!!
Congratulations on winning your appeal, and being placed into The SG.

bro58
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