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TOPIC: ESA APPEAL on good cause

ESA APPEAL on good cause 1 month 4 weeks ago #230742

Hi Gordon Could I ask you a couple of questions I recently won an Appeal for refusing to go to an ESA Assessment, and my benefit was stopped
1/ It states Mr
has shown good cause for his failure to attend his medical examination on 5/10/2018.
Should i be refunded to the date above
2/The DWP stated on the response....If the Tribunal decide that Mr
HAS shown good cause for the failure to attend the examination, I respectfully request that they consider whether Mr
can be treated as having Limited Capability for work until determination about Limited Capability has been made
The Tribunal did not give the answer to that....and does it also mean I will still need to go for an assessment

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ESA APPEAL on good cause 1 month 4 weeks ago #230744

Billy

Yes, your ESA should be put back into payment from the date that it was stopped.

The DWP will need to liaise with Maximus to decide whether a face to face assessment is still required and if it is, whether a home assessment would be appropriate.

If you were receiving the ESA Assessment rate then you will need to provide Fit Notes to allow continued payment.

Gordon
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.

ESA APPEAL on good cause 1 month 3 weeks ago #231014

Hi Gordon an update...last night after 6 pm the DWP phoned me and asked if my bank account was the same as monies were being back dated, but at the end of the conversation she stated that i would be getting sent for an assessment
I refused to go the assessment centre previously as it was 28 miles away and in a capital city centre, in which the whole process would take at least 2 hours and I was not fit to sit for that length of time and obviously as stated above the Tribunal agreed with me, but now it seems I am going to be sent to the same assessment centre and I will have to through the same process again, have you any thoughts on this?
Also what I would like to ask you, when I filled in the questionnaire which was march 2018 I was not diagnosed with Arthritis and was not on my list of illnesses but in the last few months I have been told I have Arthritis, can I use this to let them know it is affecting my condition and making it worse

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ESA APPEAL on good cause 1 month 3 weeks ago #231026

Billy

You need to wait for the appointment, it may not be the same assessment centre.

If your conditions and more importantly limitations have changed since you completed the ESA50 then I would write to Maximus explaining the problems that you now have with completing the ESA activities.

Gordon
The following user(s) said Thank You: Billy

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