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put in wrag after medical and received new ESA50 f

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11 years 6 months ago #92672 by tango
I have recently been transferred from incapacity to wrag group after medical from 29 august for a period of 12 months and yesterday received a new esa50 form saying that if i don't return the form by the end of the month by benefit will be stopped. Surely this cant be right as i am not up for reassessment for another 12 months, even if it had been only 3 months i should not have received a new esa50 for another two months. any advice would be much appreciated.

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11 years 6 months ago #92676 by Gordon
tango wrote:

I have recently been transferred from incapacity to wrag group after medical from 29 august for a period of 12 months and yesterday received a new esa50 form saying that if i don't return the form by the end of the month by benefit will be stopped. Surely this cant be right as i am not up for reassessment for another 12 months, even if it had been only 3 months i should not have received a new esa50 for another two months. any advice would be much appreciated.

It would be unusual for the DWP to re-assess you so far in advance of your normal re-assessment date, however, this date does not form part of the Decision and can be ignored at the DWP's discretion.

I would start by contacting the DWP for an update, we have had members who have received a new ESA50 in error, however, unless you receive written confirmation (a statement over the phone is not sufficient), that you do not need to complete the ESA50, then you should assume that you do, and that it needs to be returned by the specified date.

Gordon

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

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11 years 6 months ago #92689 by tango
cheers Gordon rang them yesterday and they said they would ring me back by 4.30 but as per usual no phone call as of yet. Do you suggest that i write a letter of complaint to dwp and atos? Im willing to return the form do you suggest i write on the form that im am not up for reassessment for 12 months and that they are breaking their own rules. Incidentally I am appealing the decision to be placed into wrag as I should be in the support group. Also can they make me attend another medical before the end of my 12 months?

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11 years 6 months ago #92693 by Gordon
tango wrote:

cheers Gordon rang them yesterday and they said they would ring me back by 4.30 but as per usual no phone call as of yet. Do you suggest that i write a letter of complaint to dwp and atos? Im willing to return the form do you suggest i write on the form that im am not up for reassessment for 12 months and that they are breaking their own rules. Incidentally I am appealing the decision to be placed into wrag as I should be in the support group. Also can they make me attend another medical before the end of my 12 months?

I am afraid no rules have been broken so there is no cause for complaint, the DWP can initiate an assessment at any time.

Appealing to be placed in the Support Group from the WRAG does not mean you cannot be re-assessed on your existing claim.

If ATOS are unable to make a recommendation based on your ESA50 and any evidence you attached to it then you will be required to attend a new medical.

Gordon

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

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