My relative had a Maximus assessment last year for ESA and was put from the support group into the work group. This has been appealed, but the tribunal which is to be heard as a hearing on the papers has not yet taken place. However, last week a "Capability for work questionnaire" came in the post for this year. I am concerned about how these two things will conflict.
If the tribunal finds in favour of my relative and puts them in the support group could Maximus use the new questionnaire from this year to start the process of trying to put them back into the work group? Also, should we mention on the questionnaire that the decision from last year is being appealed. I am concerned at the unnecessary stress of two cases / assessments happening simultaneously. It wouldn't seem to make much sense that this is allowed to happen.
I'm afraid the reassessment will result in a new Decision which will supersede any previous Decision which will include the one made by the Tribunal panel, they re-make the Decision that is being appealed and their Decision will apply from the original date of that Decision.
You can mention the appeal on the reassessment if you wish but with no Decision it really won't have any effect. However, if the appeal is heard before the Decision from the reassessment is made, then the result can be used as evidence for it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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