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ESA SG awarded but WCA not cancelled

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6 years 5 months ago #199207 by Sickandtired
ESA SG awarded but WCA not cancelled was created by Sickandtired
Hi,
I have been in the ESA reassessment system since May, having had numerous ESAs cancelled including one cancelled after I travelled 30 miles by taxi to the centre (not unusual, I know). In August I sent in further (substantially supportive) medical evidence by special del. Yesterday I received a DWP standard letter of entitlement, dated 05/10 telling me "We have looked at your claim again following a recent change", and basically telling me I am in the Support Group. I was due to attend a WCA on 19/10 and today I received a letter, dated 10/10, from the CHDA, telling me:
"I am writing with regard to your recent request to have your claim reviewed in light of new medical evidence. A Healthcare Professional has now looked at your claim again. However it was decided that, presently, it is still necessary for you to undergo an assessment".
I really am feeling mentally tortured by these people (and health has worsened due to their clumsy and careless assessment process) and was yesterday relieved to think I wouldn't have to attend the WCA, after all I also have a PIP assessment on 16/10 as well following numerous last minute cancellations too, but my question is, can I just ignore this CHDA letter and not go to the WCA? Part of me feels so angry and kicked around I just want to not go, after all I have it in writing from the DWP that my claim is settled, or do I really have to go?? Surely a HCP report is likely to jeopardize my award if I did go? Any help and comments welcome, thanks.

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6 years 5 months ago #199208 by Gordon
Replied by Gordon on topic ESA SG awarded but WCA not cancelled
sickandtired

From your previous posts you appear to have been in the SG when this reassessment started so I don't think that you can assume that this latest letter is a Decision Notice, it may be that the letter is a re-issue of the annual entitlement letter, which the DWP have had to do because the original was so badly worded.

I'm afraid you need to contact the DWP to find out whether a Decision has actually been made, if it has then they need to contact CHDA to cancel the assessment.

At this time, you cannot assume that you do not need to attend the appointment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 5 months ago #199211 by Sickandtired
Replied by Sickandtired on topic ESA SG awarded but WCA not cancelled
Thanks, Gordon for your fast and insightful response! I think it could be a decision letter because it has the paragraph about "What to do if you think the decision is wrong" and telling me to ask for a Mandatory Reconsideration within a month of the date on the front of the letter, and then a break down of payment details on the last page. However, I will take your advice and call them for clarification. Thanks for your help.

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6 years 5 months ago #199215 by pitrat
Replied by pitrat on topic ESA SG awarded but WCA not cancelled
After a reassessment I received that same letter. The 3rd line says ,this is because of : the following line says a decision on your capability for work ,you have been placed in the support group .If the letter is a decision letter I think it would clearly say that so its worth having another look at your letter to see if it mentions a decision .
On a side note it was the use of this sites guides I used that got me in the support group , many thanks to everyone running this site.
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6 years 5 months ago #199216 by Sickandtired
Replied by Sickandtired on topic ESA SG awarded but WCA not cancelled
Thanks, Gordon, for your great advice. I just phoned the DWP and even they weren't sure what the letter was about. After looking into my file though, they said my claim is still "open" and I do have to go to the WCA next week, and that the letter should never have been sent to me. She seemed to think the letter was something to do with updating for the new tax year (bit late though?). Without your insightful advice I could have got into a whole lot of trouble and had my ESA stopped. Thanks again to you and B&W for the fantastic job you do!

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6 years 5 months ago #199223 by Gordon
Replied by Gordon on topic ESA SG awarded but WCA not cancelled

sickandtired wrote: I think it could be a decision letter because it has the paragraph about "What to do if you think the decision is wrong" and telling me to ask for a Mandatory Reconsideration within a month of the date on the front of the letter, and then a break down of payment details on the last page.


Pretty much any letter from the DWP that mentions payments will have this paragraph included even if the amounts have not actually changed.

I'm afraid most if not all ESA letters are difficult if not impossible to understand.

Gordon

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