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ESA review 17 months early
- Alison
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8 years 10 months ago #161288 by Alison
ESA review 17 months early was created by Alison
In December 2015 the review of my ESA was deferred for 2 years, or so I thought. Despite having supplied me with written confirmation, the DWP has sent me an ESA 50 today. Can they legally do this? Has this happened to any one else? I 'll be ringing them on Monday. Any advice much appreciated.
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- Gordon
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8 years 10 months ago #161290 by Gordon
I'm afraid the DWP can reassess an ESA claim at any time after three months have elapsed from a previous Decision.
You need to complete this new ESA50 in detail and supply evidence in support as you can, even if it has been previously submitted.
Gordon
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Replied by Gordon on topic ESA review 17 months early
PT84Wilkinson wrote: In December 2015 the review of my ESA was deferred for 2 years, or so I thought. Despite having supplied me with written confirmation, the DWP has sent me an ESA 50 today. Can they legally do this? Has this happened to any one else? I 'll be ringing them on Monday. Any advice much appreciated.
I'm afraid the DWP can reassess an ESA claim at any time after three months have elapsed from a previous Decision.
You need to complete this new ESA50 in detail and supply evidence in support as you can, even if it has been previously submitted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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8 years 10 months ago #161291 by Gordon
I'm afraid the DWP can reassess an ESA claim at any time after three months have elapsed from a previous Decision.
You need to complete this new ESA50 in detail and supply evidence in support as you can, even if it has been previously submitted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA review 17 months early
PT84Wilkinson wrote: In December 2015 the review of my ESA was deferred for 2 years, or so I thought. Despite having supplied me with written confirmation, the DWP has sent me an ESA 50 today. Can they legally do this? Has this happened to any one else? I 'll be ringing them on Monday. Any advice much appreciated.
I'm afraid the DWP can reassess an ESA claim at any time after three months have elapsed from a previous Decision.
You need to complete this new ESA50 in detail and supply evidence in support as you can, even if it has been previously submitted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Alison
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8 years 10 months ago #161292 by Alison
Replied by Alison on topic ESA review 17 months early
Thank you for responding so quickly. It is a dreadful shock. I am cynical but I didn't realize that the DWP's word means nothing. Is this happening to others? I live in Lancashire.
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- slugsta
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8 years 10 months ago #161300 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA review 17 months early
Unlike DLA/PIP, ESA is an indefinite award. The reassessment date is only advisory, it does not form part of the decision and cannot be appealed. As Gordon says, once 3 months has passed since the last decision we are fair game (DLA was 1 year, PIP has no limit)!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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