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under appeal for ESA but got new ESA50 to fill in

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13 years 6 months ago #57845 by snowman
I submitted an appeal in Feb 2011 because I had a new diagnosis and was advised that I should be in the support group and not the work related group.

I am still to hear a decision on this.

Today I received a new ESA50 to complete.

What should I do? Should I complete the new ESA50 even tho I havent had an appeal decision yet?

Confused......

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13 years 6 months ago - 13 years 6 months ago #57851 by cdcdi1911
Hi Snowman

I'm assuming you were placed in the WRAG following an assessment prior to your appeal in Feb 2011.

I'm not aware of any rules or regs that say you cannot be reassessed during the course of an appeal, which could take over a year. However, 3 to 4 months is a very quick reassessment. Is this consistent with the prognosis on your medical report?

Also does the new diagnosis apply to the time of the decision to place you in the WRAG?

Derek
Last edit: 13 years 6 months ago by cdcdi1911. Reason: grammar

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13 years 6 months ago #57861 by snowman
An update - had the courage to phone the BDC - I soooo hate phoning them.......apparently I was placed in support group on 6th may - the appeal upheld. But I DO still have to do another ESA50 as the review date at the time, last Oct 2010, was 6 months.......crazy hey?

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  • originaldave
13 years 6 months ago #57864 by originaldave
Replied by originaldave on topic Re:under appeal for ESA but got new ESA50 to fill in
snowman wrote:

An update - had the courage to phone the BDC - I soooo hate phoning them.......apparently I was placed in support group on 6th may - the appeal upheld. But I DO still have to do another ESA50 as the review date at the time, last Oct 2010, was 6 months.......crazy hey?


short time between reviews means one of two things they think your going to get better.. or sour grapes at you winning ;)

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13 years 6 months ago #57867 by snowman
blimey does the fighting ever stop?

to be fair, last Oct I think I believed I would be getting better too. Unfortunately my health has deteriorated and I have a new mental health dx now and am also now on high rate DLA.

I asked the lady on the phone if "they" will know I have won an appeal and been put in support group and now on high rate DLA? She said "No, they dont have access to those records"

I said so I should write it all on the ESA50 then, she said that would be a good idea.

Good god - joined up thinking? Dont think so.....

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13 years 6 months ago #57916 by Crazydiamond
Replied by Crazydiamond on topic Re:under appeal for ESA but got new ESA50 to fill in
originaldave wrote:

snowman wrote:

An update - had the courage to phone the BDC - I soooo hate phoning them.......apparently I was placed in support group on 6th may - the appeal upheld. But I DO still have to do another ESA50 as the review date at the time, last Oct 2010, was 6 months.......crazy hey?


short time between reviews means one of two things they think your going to get better.. or sour grapes at you winning ;)


Undoubtedly the latter!

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

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