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Esa- support group- work interview?

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7 years 9 hours ago #188093 by sam1982
Replied by sam1982 on topic Esa- support group- work interview?
Hi everyone another update and some good news.

So the situation as it stood was:

Previously i was in SG and after reassessment in Jan they moved me to WRAG. I also got told as it was CB my ESA payments would end in June (i disagreed with their dates though).

I let the DWP know i would be asking for a MR (within the 1 month time frame) but needed to send further info in but the DWP went ahead and did the MR regardless. When they received my further doctors info they carried out another MR but stood by their position to keep me in the WRAG.

I started an appeal and at the same time i sent in two letters to the DWP. One was a letter of complaint on how they have handled my ESA reassessment and MR decisions and the other letter was questioning them about the end dates for the CB ESA as i wanted to get this sorted before June. I had been placed in WRAG before when i initially claimed ESA but had this decision over turned to SG, so i should have had 365 days from this Jan and not finishing in June as they said it would.

Anyway, i called today to find out what was happening in regards to the letters, they were both signed for on the 7th and 10th april and the advisor on the phone said there was no record of them! I couldnt believe it and in the end they promised a manager would call me back.

The manager called and told me that my appeal had been lapsed (that word didnt sound too good!) and that the DWP had looked over it before it went to the tribunal and changed their decision to my favour.
They have placed me back into the SG and there is a rebate coming back with the difference in money. She said i should get a letter in a few days.

Is this a normal thing for an appeal to lapse because of the DWP?
When i questioned if i would get a letter or anything back from the Tribunal court she told me no as in effect the appeal wont get started- is this right now? Will i need to send the court anything, i dont want any loose ends and i dont trust the DWP basically.

Also i queried with the DWP and then in the appeal application, the recommended time for reassessment as they decided on the health assessment report it would be 1 year before i will be reassessed again. However at the time of the assessment they and i didnt realise i was pregnant.
Ive said in the appeal papers i was also appealing the reassessment time of 1 year as being pregnant and then breast feeding restricts any increase in medication i can be given and thus any improvement in my condition so reassessment time should be something like 2 years.
I very much doubt the DWP have changed the reassessment time as well as their decision so what would be the best thing to do about this now the appeal process is no more.? With a recommended reassessment time of 1 year that will mean ill be going through this in probably 6 months again!

any help would be great im just a bit shocked with the phone call this morning.
thanks.

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7 years 9 hours ago #188107 by Gordon
Replied by Gordon on topic Esa- support group- work interview?
Cleocat

First of all well done for getting the Decision revised in your favour.

It is perfectly normal for the DWP to lapse (cancel) a claimants appeal in these circumstances so don't worry about it.

As to the year, it will depend on when they start it, it can either be from the date of the original Decision or from now, in either case I would expect you to receive a new ESA50 about 5-6 weeks in advance of the date.

I would let everything get sorted out and then give the DWP a call the call centre should be able to tell the actual date from your computer record.

Gordon

tags: @RESULT @ESA

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

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6 years 11 months ago #188182 by sam1982
Replied by sam1982 on topic Esa- support group- work interview?
Hi Gordon, thanks for your help and thanks to everyone who put together the helpful guides.

I received a letter today from ESA so it looked like it crossed over with my phone call yesterday.

It just says they have changed their decision and i will receive a separate letter and to call them about the details of the decision change! nice and detailed for me!

Can i ask, do you know if i need to do anything with the tribunal court now? I was thinking once the final decision letter has come through from ESA to send the court a copy of that maybe?
thanks

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6 years 11 months ago #188184 by Gordon
Replied by Gordon on topic Esa- support group- work interview?
Cleocat

I can't hurt to contact the TS just to make sure that they have been notified by the DWP that the appeal has been lapsed.

There's no point sending them a copy of the letter, they won't be able to do anything with it :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sam1982

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6 years 9 months ago #192344 by sam1982
Replied by sam1982 on topic Esa- support group- work interview?
More of an update:

When the decision letter came through it was just a standard 'your amount of money has changed as you are now in the SG' there was no explanation on why/how they had awarded me points.

I put a complaint in the regarding ESA and them proceeding with the first MR despite me asking them not to as I would be sending in further information plus there were other errors that happened.

They came back with a response, they aplogised a lot- but it was 'I apologize this/that didn’t happen' sort of thing and in the end, they offered me £25 as a gesture of goodwill. I never expected that, that wasn’t the point in me writing.

I asked them to send a written statement of reasons on my move to the SG and that has recently come through- they have said they contacted medical services and due to my pregnancy/epilepsy and medication and the risk I have now been put into the SG and prognosis is a year so will be Dec 2017 it is up. :(

However, with things such as having a new baby and feeding, my medication is still going to be adjusted and with the PIP health assessor he advised two years. I knew I was pregnant in the PIP assessment but not the ESA face to face.

Am I right in thinking if I ask them to look at the prognosis time frame, it would class as a reassessment for them to look at my claim again?

should I just hold out and see what happens or ask for them to consider 2 years as a timeframe?

thanks

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6 years 9 months ago #192367 by Gordon
Replied by Gordon on topic Esa- support group- work interview?
Cleocat

The prognosis is not appealable. ESA is an indefinite award with regular reassessment (usually set by the prognosis), however, this is not part of the Decision and therefore cannot be challenged. The ESA legislation allows an award to be reassessed once three months have elapsed from the last Decision.

Gordon

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