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Got Into Support Group & Now Another ESA50

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11 years 9 months ago #89479 by Asbo
Hi
My sister has just got into the Support Group. She first had to fill out ESA50 last September (in by October). She had to wait until Feb or March for her appeal, she couldn't go because of agoraphobia but she had a rep go for her. The appeal was adjourned while they asked for all her medical notes and DWP notes going back years. A new appeal date was set for June and her rep went on her behalf and she was put in the Support Group. Now Atos have sent her another ESA50 to fill out and she is really distressed. I've heard this happens a lot but so many people have complained. Can anything be done about the endless hassling? There has been a lot of stuff about the effect this has on people with mental health problems. Can she not say that she won her appeal? Do Atos know this or do they just spew out the forms when they feel like it?
Many thanks

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11 years 9 months ago - 11 years 9 months ago #89480 by Gordon
Asbo

Whilst I can understand the frustration and distress this is causing, unfortunately the DWP are entitled to re-assess anybody three months after the previous Decision was made.

In your sisters case, the last Decision on her claim was actually made last year, as the Tribunal re-makes that Decision and does not create a new one.

The only thing I can suggest is to check the Tribunal notice, as a recent change means that the panel can nominate a new re-assessment period, if they have done this, it may be reason to have the re-assessment deferred.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #89481 by Asbo
Thanks Gordon.

Her decision notice from the Tribunal states: 'The appeal is allowed. The decision of the Secretary of State dated 8/10/2011 is set. The appellant is entitled to ESA with the support component from the conversion date....'

There's no more on dates but what is the 'conversion date'?

Many thanks

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11 years 9 months ago #89483 by Gordon
Asbo

Was your sister transferred from another benefit such as IB, IS due to Incapacity, or SDA? If so, then they are referring to the date when she was transferred onto ESA, otherwise it would normally be the date of the last Decision.

Gordon

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

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11 years 9 months ago - 11 years 9 months ago #89485 by Asbo
She was transferred from IS, Gordon. Thanks
Last edit: 11 years 9 months ago by Gordon.

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  • bro58
11 years 9 months ago - 11 years 9 months ago #89488 by bro58
Gordon wrote:

Asbo

Whilst I can understand the frustration and distress this is causing, unfortunately the DWP are entitled to re-assess anybody three months after the previous Decision was made.

In your sisters case, the last Decision on her claim was actually made last year, as the Tribunal re-makes that Decision and does not create a new one.

The only thing I can suggest is to check the Tribunal notice, as a recent change means that the panel can nominate a new re-assessment period, if they have done this, it may be reason to have the re-assessment deferred.

Gordon



Yes Gordon, the issue of Tribunals now stating recommended re-assessment periods of ESA awards they have changed under appeal is discussed here :

www.rightsnet.org.uk/forums/viewthread/2787/

On the rightsnet website.

Of course, whether or not the DWP/ATOS will abide by such recommendations will only become evident in the future.

A "glimmer of light" though !!!

bro58
Last edit: 11 years 9 months ago by bro58.

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