ESA50 claim form sent whilst waiting for appeal

colrim wrote: thanks for your recent successful help and advice about a late appeal

my late ESA appeal time limit has been extended beyond the time limit and my appeal can now go ahead

co-incidentally (he said cynically) i have received an ESA50 form to complete by 8 August 2013

do i have to comply and complete the ESA50 from Atos during the waiting period between now and the appeal date?

From your previous posts, you are appealing your original transfer Decision to be placed in the Support Group from the WRAG, so I am afraid that the DWP are perfectly entitled to re-assess, even though your payments have ceased and you are only receiving NI Credits.

So you need to complete this ESA50 in detail and provide evidence as available,.

You should be aware that the ESA Descriptors and Regulations were updated in January 2013 so you should use the latest guides to help you complete the ESA50.

The new Decision resulting from this assessment will limit the result from your Tribunal, but if you are placed in the Support Group by the panel then you will recover your 365 days of ESA(CB) payments and any new Decision will be appealable.

Gordon