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Would It Be Prudent to Wait?
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7 years 2 months ago #179981 by ccactus
Would It Be Prudent to Wait? was created by ccactus
Hi Gordon,
My apologises for yet another question, as previously stated I am about to submit my esa50, although its not due till the 23/2. I was going to post it on Friday, but a thought occurred to me - if I post it and then my mandatory rec is favourably; will the new esa50 prompt a new medical assessment regardless of the outcome of the mand rec; and therefore, have the potential of awarding me 0 points again; or does the new esa50 get disregarded.
I ask as on Thursday I received a text saying they are reviewing my mand con and will let me know by? Would it be prudent to hold off sending the new esa50 until closer to the date its required back, in the hope I hear about the mandatory rec prior to that date.
I am sure I have read something regarding this topic (I might be wrong) but unfortunately can't find the thread.
Yours advise is truly appreciated.
My apologises for yet another question, as previously stated I am about to submit my esa50, although its not due till the 23/2. I was going to post it on Friday, but a thought occurred to me - if I post it and then my mandatory rec is favourably; will the new esa50 prompt a new medical assessment regardless of the outcome of the mand rec; and therefore, have the potential of awarding me 0 points again; or does the new esa50 get disregarded.
I ask as on Thursday I received a text saying they are reviewing my mand con and will let me know by? Would it be prudent to hold off sending the new esa50 until closer to the date its required back, in the hope I hear about the mandatory rec prior to that date.
I am sure I have read something regarding this topic (I might be wrong) but unfortunately can't find the thread.
Yours advise is truly appreciated.
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7 years 2 months ago #179996 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Would It Be Prudent to Wait?
ccactus
The ESA50 will be processed by Maximus, they are not in any way involved in the MR process.
Gordon
The ESA50 will be processed by Maximus, they are not in any way involved in the MR process.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #180017 by ccactus
Replied by ccactus on topic Would It Be Prudent to Wait?
thank you for reply,what I was trying to ask was:-
if I was awarded in my favour on mand rec for example a 2year wrag, would by sending in a new esa50 prompt a new assessment,(say for instance within 6 months of submittal) I then scored 0 points, does that supersede the 2 year award, or would the award cancel out the need for a medical until the two years were up.
if I was awarded in my favour on mand rec for example a 2year wrag, would by sending in a new esa50 prompt a new assessment,(say for instance within 6 months of submittal) I then scored 0 points, does that supersede the 2 year award, or would the award cancel out the need for a medical until the two years were up.
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7 years 2 months ago #180023 by Gordon
If you have made a new claim for ESA on the basis of a new condition or a deteriorated condition since the Decision that found you Fit for Work then this will result in a new Decision on your claim which will superseded any previous Decision, including one that results from your MR (which remakes the FfW Decision from the date it was made).
So if your MR results in an award and the new Decision finds you Fit for Work again it will be the latter Decision that carries forward, although this will create a new right of appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Would It Be Prudent to Wait?
ccactus wrote: thank you for reply,what I was trying to ask was:-
if I was awarded in my favour on mand rec for example a 2year wrag, would by sending in a new esa50 prompt a new assessment,(say for instance within 6 months of submittal) I then scored 0 points, does that supersede the 2 year award, or would the award cancel out the need for a medical until the two years were up.
If you have made a new claim for ESA on the basis of a new condition or a deteriorated condition since the Decision that found you Fit for Work then this will result in a new Decision on your claim which will superseded any previous Decision, including one that results from your MR (which remakes the FfW Decision from the date it was made).
So if your MR results in an award and the new Decision finds you Fit for Work again it will be the latter Decision that carries forward, although this will create a new right of appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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