ESA contradictions

cmhdunstable wrote:

This is my frst posting and i wd appreciate a bit of advice. I have just successfully appealed against being in ESA work related group and am being put into the support group. The appeal has taken well over a year from when I was put into the wrong group which I think went in my favour...My question is "Do I still have to attend ESA medicals?" I have my next one scheduled for next Tuesday. Any advice on what to do next?

I'm sorry but there is no automatic exemption from the medical just because you are in the Support Group, and the Tribunal decision relates to your health as it was a year ago, so it is not relevant either.

You can be exempted the medical, if after receiving your ESA50 and any associated evidence, ATOS and the DWP decide you meet the Support Group on this alone, but as you have been asked to attend one, they obviously do not believe this at this stage of your re-assessment.

Gordon

cmhdunstable wrote:

Tks for swift helpful response...Do you think there is any benefit to me postponing medical until I am in receipt of the WRITTEN decision?? I am having to travel miles (and by taxi) to this medical and I really don't want to be "put back" a group or even go through the hell of another appeal. Surely, if the tribunal has overuled the original decision they wouldn't put me back into the limited capability for work group, would they?

The Tribunal decision was made based on your condition a year ago, so it would not be reason to have this medical postponed.

I am afriad you need to attend it and deal with whatever decision results.

Gordon