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I won my Appeal at ESA,

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Philr56
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13 years 3 months ago #64971 by Philr56

I won my Appeal at ESA, was created by Philr56

I won my Appeal today to be put into the Support Group. which Im over the moon with, but I had another Medical in May of 2011,but the appeal I won go's back to last year, so were do I stand ?? the Judge said it was a Joke,and that ATOS was doing something wrong, as I won my Appeal for DLA in July so do I just tell then to get it right the first time ?? or the Second time !! the Judge cant be wrong in Both cases.

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Gordon
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13 years 3 months ago #64975 by Gordon

Replied by Gordon on topic Re:I won my Appeal at ESA,

Philr56 wrote:

I won my Appeal today to be put into the Support Group. which Im over the moon with, but I had another Medical in May of 2011,but the appeal I won go's back to last year, so were do I stand ?? the Judge said it was a Joke,and that ATOS was doing something wrong, as I won my Appeal for DLA in July so do I just tell then to get it right the first time ?? or the Second time !! the Judge cant be wrong in Both cases.

First, well done for winning your Tribunal and thanks for letting us know.

You tribunal re-made the Decision to place you in the WRAG from what I assume was last year, so in principle it has no relevance to any Decision made in May of this year.

You don't say whether you were again placed in the WRAG after the May Decision, but if you were, I am afraid you are going to have to appeal again, assuming that it is accepted, as I assume it is more than a month since you were notified.

If you do need to appeal, it is possible that you can use today's Decision as evidence, providing you can also show that you condition has not improved or has worsened in the intervening period, this may mean you can overturn the Decision at the Reconsideration stage rather than wait for an appeal to be heard.

Gordon

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Catherine

13 years 3 months ago #64977 by Catherine

Replied by Catherine on topic Re:I won my Appeal at ESA,

Gosh - i didn't realise you can be sent for another assessment whilst waiting for an appeal to be heard.

What was the outcome of the assessment you had in May?

Does anyone have any insight into why the tribunal judge does not make some kind of recommendation regarding when the next assessment is appropriate?

I understand the panel are looking at a decision made maybe 6/12 months ago, but the whole idea that someone can win an appeal only to be reassessed shortly after sounds like a horrendous amount of stress to deal with and a waste of money.

Surely a judge only has to establish the fact that the condition remains unchanged (or worse) to make such a recommendation. If up to date medical evidence was deemed to be necessary - that could be a simple form completed by a GP etc just before the hearing and built into the process. It would only have to confirm there was no change or a deterioration in functional ability.

Well done for winning by the way.

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Gordon
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13 years 3 months ago #64981 by Gordon

Replied by Gordon on topic Re:I won my Appeal at ESA,

Catherine

I am afraid that Tribunals can only consider evidence relative to the time of the Decision being appealed. This often means that they are looking at your condition as it was 12-15 months ago.

Most ESA appeals are because the claimant did not score the required 15 points, so there is no need to re-assess them while they wait for a hearing.

In this case, the appeal was to be moved from the WRAG to the Support Group, so it was reasonable for a new assessment to be made while waiting for the hearing, although I totally agree with your comment about the resulting stress.

This is also the reason why many claims are re-assessed only a few months after a successful Tribunal, although I still prefer to see the DWP as bad losers

Gordon

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Crazydiamond
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13 years 3 months ago #64995 by Crazydiamond

Replied by Crazydiamond on topic Re:I won my Appeal at ESA,

Philr56 wrote:

I won my Appeal today to be put into the Support Group. which Im over the moon with, but I had another Medical in May of 2011,but the appeal I won go's back to last year, so were do I stand ?? the Judge said it was a Joke,and that ATOS was doing something wrong, as I won my Appeal for DLA in July so do I just tell then to get it right the first time ?? or the Second time !! the Judge cant be wrong in Both cases.

Can you confirm what happened following your medical assessment in May 2011?

Did you actually receive a formal decision letter about your ESA entitlement, pending the outcome of your ESA appeal dating back to last year?

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

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