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No assessment?
- cyngor2013
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11 years 4 months ago - 11 years 4 months ago #116661 by cyngor2013
No assessment? was created by cyngor2013
Hi,
My husband has been waiting for a response from ATOS/DWP since returning the Transfer ESA50 in July.
We feel that he has a strong case for being put in the SG.
As it had been over six months, I called Atos today to ask for an update, and was told that based on the ESA50 and Atos's Doctors'report(?), my husband would not be called for an assesment and that all paperwork had been returned to the DWP DM two weeks ago.
Basically:
1. Will the Doctors'report they referred to still contain "points" even without a F2F, and can we obtain a copy of it.
2. Does this mean the DWP will accept he is entitled to ESA or can the DM still stop the transfer over to ESA or deduct points etc.
3. Does this sound like a positive sign he has been placed within the SG or is there still a good possiblity that he will be place in WRAG?.
Many Thanks.
My husband has been waiting for a response from ATOS/DWP since returning the Transfer ESA50 in July.
We feel that he has a strong case for being put in the SG.
As it had been over six months, I called Atos today to ask for an update, and was told that based on the ESA50 and Atos's Doctors'report(?), my husband would not be called for an assesment and that all paperwork had been returned to the DWP DM two weeks ago.
Basically:
1. Will the Doctors'report they referred to still contain "points" even without a F2F, and can we obtain a copy of it.
2. Does this mean the DWP will accept he is entitled to ESA or can the DM still stop the transfer over to ESA or deduct points etc.
3. Does this sound like a positive sign he has been placed within the SG or is there still a good possiblity that he will be place in WRAG?.
Many Thanks.
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #116665 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No assessment?
Em32
1. Yes it should still explain their recommendation, you need to request a copy of the ESA85A, however, you may not receive this until a Decision has been made on his claim.
2. In principle, the Decision Maker can reject the recommendation and order an assessment be carried out, but I have not heard of one doing this.
3. Claimants can be placed in the WRAG or the SG (they cannot be found Fit for Work), without an assessment taking place, statistically it is more likely that it is the WRAG, but this means nothing in regard a specific case.
Gordon
1. Yes it should still explain their recommendation, you need to request a copy of the ESA85A, however, you may not receive this until a Decision has been made on his claim.
2. In principle, the Decision Maker can reject the recommendation and order an assessment be carried out, but I have not heard of one doing this.
3. Claimants can be placed in the WRAG or the SG (they cannot be found Fit for Work), without an assessment taking place, statistically it is more likely that it is the WRAG, but this means nothing in regard a specific case.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- cyngor2013
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11 years 4 months ago - 11 years 4 months ago #116671 by cyngor2013
Replied by cyngor2013 on topic No assessment?
Thanks for your reply.
I'm a bit confused by the "mandatory reconsideration" term I've read about on the forum. If my husband were to be placed in the WRAG and he were to ask the DWP to reconsider their decision or appeal to be placed in SG, would that mean he would lose any entitlement to ESA altogether until the is decision reconsidered?
I'm a bit confused by the "mandatory reconsideration" term I've read about on the forum. If my husband were to be placed in the WRAG and he were to ask the DWP to reconsider their decision or appeal to be placed in SG, would that mean he would lose any entitlement to ESA altogether until the is decision reconsidered?
Last edit: 11 years 4 months ago by Gordon.
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11 years 4 months ago #116673 by Gordon
No, he would continue to receive the WRAG rate, it is only if a claimant is Found Fit for Work that Mandatory Reconsiderations have a real impact as they will not be paid anything in the interim unless they claim JSA, however, once an appeal is lodged then the ESA Assessment rate becomes payable from the original Decision date, so they should get back pay providing they have continued to send in Fit Notes.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No assessment?
Em32 wrote: Thanks for your reply.
I'm a bit confused by the "mandatory reconsideration" term I've read about on the forum. If my husband were to be placed in the WRAG and he were to ask the DWP to reconsider their decision or appeal to be placed in SG, would that mean he would lose any entitlement to ESA altogether until the is decision reconsidered?
No, he would continue to receive the WRAG rate, it is only if a claimant is Found Fit for Work that Mandatory Reconsiderations have a real impact as they will not be paid anything in the interim unless they claim JSA, however, once an appeal is lodged then the ESA Assessment rate becomes payable from the original Decision date, so they should get back pay providing they have continued to send in Fit Notes.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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