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DPW BEHAVIOUR POST SUCCESSFUL APPEAL

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6 years 3 months ago #202475 by India
Yesterday (30/11) I received a Capability for Work Questionnaire ~ understandably worried bearing in mind my recent successful appeal to be put in the Support Group, I phoned Health Assessment Advisory Service to be told that the Court's Decision was currently with admin & not in the system yet. On further investigation, advisor seemed to have correct dates of appeal & so on, but the only bit of the Decision that seems to've filtered through is the recommendation that I not be re~assessed for 24 months. Either situation should rule out the questionnaire. Puzzled advisor has referred problem to Benefits Division & I'm to await their call back within the next 3 hours. Perhaps if I'd called to confirm their receipt of the Decision at the beginning of the week, I could've headed this off at the pass, but I didn't. Hey ho

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6 years 3 months ago #202482 by Gordon
Replied by Gordon on topic DPW BEHAVIOUR POST SUCCESSFUL APPEAL
Imogen

Please be aware, the panel's recommendation of two years before a reassessment is not binding on the DWP, so unless the ESA50 is withdrawn you must complete it and return it by the required date, or you risk your claim being closed.

Treat it as a new claim for ESA and complete the form in detail and provide any relevant evidence as you can, even if it has been submitted before. You can use the Tribunal result as evidence as well but remember it is in regard your conditions as they were on date of the Decision you appealed, not as you are today.

Gordon

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

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6 years 3 months ago #202488 by India
Replied by India on topic DPW BEHAVIOUR POST SUCCESSFUL APPEAL
Thank you for replying, Gordon. If my stomach could go any lower..... I was aware that the 24 months bit was merely a recommendation, but remain extremely puzzled that the Decision itself to Set Aside the DPW's decision back in January appears to've been overlooked. I was prepared for some mucking about & noted that the DPW could appeal the Tribunal's Decision as regards payment, but there has been no mention of money either at the Tribunal or from the DPW.
I think the ESA50 I've received has been generated as if no Decision from the Tribunal had been made, or indeed, as if I hadn't appealed at all, as the recommendation according to the DPW's decision back in Jan was that I should be reviewed in 12 months time which is round about now. Barring the brief respite following my Appeal date almost two weeks ago, it's as if the last year never happened....

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6 years 3 months ago #202490 by Gordon
Replied by Gordon on topic DPW BEHAVIOUR POST SUCCESSFUL APPEAL
Imogen

It's definitely worth your pursuing the DWP to have the reassessment cancelled, just make sure that you don't leave starting on the ESA50 too late, remember you will be returning it in the rush for Christmas posts.

Gordon

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

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6 years 3 months ago #202491 by India
Replied by India on topic DPW BEHAVIOUR POST SUCCESSFUL APPEAL
P.S. I don't understand why, if they don't withdraw the ESA50, I should answer it as if it was a year ago? That would really be taking the biscuit as there's no doubt my heart;th has deteriorated this last year & certain aspects of it are directly linked to the stress & worry caused by this process. If I understand you correctly, I should just duplicate the ESA50 of a year ago + the evidence of the Tribunal's decision ? I provided letters at the time, but had two more to present to the Hearing because the DPW failed to contact my g.p. as requested.
Thank you for your advice.

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6 years 3 months ago #202492 by India
Replied by India on topic DPW BEHAVIOUR POST SUCCESSFUL APPEAL
Don't worry ! As soon as the 3 hours are up, I'll be back on the phone to try & stop this craziness !

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