Assessment 3 months after wining ESA tribunal?

Hi Bro58

Just noticed something.
Three years ago I was found fit for work also but was put back on ESA with support because the Mandatory reconsideration overturned the Fit for work findings.
Does this make my claim the second Fit for work decision?
Thanks

Ana

ana wrote: Hi Bro58

Just noticed something.
Three years ago I was found fit for work also but was put back on ESA with support because the Mandatory reconsideration overturned the Fit for work findings.
Does this make my claim the second Fit for work decision?
Thanks

Ana

Hi a,

If this was 3 years ago, it would have been under the "old" appeals system where one received a "Reconsideration" automatically when an appeal was lodged with The DWP using the old GL24 Form.

The "new" MR system came in October 2013.

It wouldn't matter anyway, even if it were under the MR system, as the revised decision re-made the original adverse fit for work decision, so in effect, that fit for work decision never existed.

The new rules regarding "Repeat" ESA claims is only where the first fit for work decision has gone as far as The Tribunal, and they have not changed the fit for work decision.

Any revision of an adverse decision whether by The DWP at Reconsideration MR stage, or by The TS at a hearing, re-makes the original adverse decision from the date of that decision, so it is as if it was never made at all.

bro58

bro58 wrote:

ana wrote: Hi Bro58

Just noticed something.
Three years ago I was found fit for work also but was put back on ESA with support because the Mandatory reconsideration overturned the Fit for work findings.
Does this make my claim the second Fit for work decision?
Thanks

Ana

Hi a,

If this was 3 years ago, it would have been under the "old" appeals system where one received a "Reconsideration" automatically when an appeal was lodged with The DWP using the old GL24 Form.

The "new" MR system came in October 2013.

It wouldn't matter anyway, even if it were under the MR system, as the revised decision re-made the original adverse fit for work decision, so in effect, that fit for work decision never existed.

The new rules regarding "Repeat" ESA claims is only where the first fit for work decision has gone as far as The Tribunal, and they have not changed the fit for work decision.

Any revision of an adverse decision whether by The DWP at Reconsideration MR stage, or by The TS at a hearing, re-makes the original adverse decision from the date of that decision, so it is as if it was never made at all.

bro58

Or, to put it simply :

"No the revised Decision removed that Fit for Work Decision so it no longer applies.

Gordon"

bro58

You have both been wonderful, thank you so much for the clarifications.
Maybe now I can try getting my head out of the hole of paralysis it is in.

Ana

Hi,

I received a new ESA50 questionnaire while I wait for an appeal date from the Tribunal.
I called the benefits office to ask why and I was told to ask Maximus. It follows I asked Maximus why was this happening and they said that because the Benefits office asked for a review of my case that they were asking me to fill it again.

My question is, am I legally obliged to go through this again ( ESA50 and medical assessment)? They already showed a lot ignorance about my condition, I don't feel confident about their ability to do a fair assessment while the process is going through the courts.

Regards

Anabela