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ESA50 Harrassment

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11 years 6 months ago #93502 by Asbo
ESA50 Harrassment was created by Asbo
My sister filled out an ESA50 last summer and it took until this June 2012 for her appeal to be awarded, from ESA WRAG to Support Group. She was represented in her absence as she has agoraphobia. Only a few weeks after winning her appeal and getting into the Support Group she was sent another ESA50 to fill out. She wondered what they were playing at, but we'd heard of them doing this from lots of people, so she filled out the form all again and also sent a copy of the tribunal decision with it. That was back in August. She doesn't have an exact copy of her last filled-out form. She didn't hear anything until today. They have just ignored the last ESA50 and tribunal decision and have sent out yet another ESA50. As you can imagine she is distraught and beside herself with stress and anxiety. Is there anything she can do apart from writing to her MP who we've emailed many times about Atos and various welfare policies.
Many thanks

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11 years 6 months ago #93508 by slugsta
Replied by slugsta on topic Re:ESA50 Harrassment
Hi Asbo, if your sister has had another ESA50 with no decision being made on the last one, I think someone needs to phone up and try to find out what is going on!

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11 years 6 months ago #93510 by Asbo
Replied by Asbo on topic Re:ESA50 Harrassment
Thanks Mrs Hurtyback. Part of her problem is being very anxious on the phone as am I. I don't mind phoning up but I am also worried about getting angry. Also, there is no paper trail so they may say one thing on the phone but no proof if you see what I mean so it may not be reliable.

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11 years 5 months ago - 11 years 5 months ago #93592 by Finni
Replied by Finni on topic Re:ESA50 Harrassment
Asbo wrote:

Is there anything she can do apart from writing to her MP who we've emailed many times about Atos and various welfare policies.


Hello Asbo. You mentioned writing to your MP. I wonder if you might get a better result if you contact the tribunals service and tell them that their decision has been ignored.

I would guess that the tribunals service have powers to ensure other departments adhere to what they have decided.

-Finni
Last edit: 11 years 5 months ago by Gordon. Reason: corrected quote

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11 years 5 months ago #93602 by Gordon
Replied by Gordon on topic Re:ESA50 Harrassment
Finni wrote:

Hello Asbo. You mentioned writing to your MP. I wonder if you might get a better result if you contact the tribunals service and tell them that their decision has been ignored.

I would guess that the tribunals service have powers to ensure other departments adhere to what they have decided.

-Finni

I am afraid that you have misunderstood the role of the Tribunal in benefit decisions.

The Tribunal re-makes the original Decision, it does not create a new Decision, as a result, any new assessment, as appears to be the case in the original post, will create a new Decision which supercedes any previous one.

Even if the Tribunal recommends a new re-assessment date, this is not binding on the DWP, as the this date does not perform part of the Decision.

Gordon

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11 years 5 months ago #93605 by tango
Replied by tango on topic Re:ESA50 Harrassment
I was transferred from incapacity benefit to esa after a medical assessment(april) at the end of august and placed in the wrag group for 12 months.At the beginning of the month i received a esa50 form to fill in. I rang the dwp to ask why they had sent me a esa50 form so soon and they told me they would ring me back the next day which they never did. So i wrote to them two weeks ago and i haven't had a reply yet.
Today i received a reminder saying if i dont return the form by the end of the month then my benefit will be stopped. Looks like i am just going to have to fill the form in and hope for the best.

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