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ESA assessment/ESA50

  • John
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11 years 2 months ago - 11 years 2 months ago #98882 by John
ESA assessment/ESA50 was created by John
Background: Failed esa assessment(zero points) in july 2012 after sending in the ESA50 in late may/early june 2012.Been on assessment rate since appealing.Had no date yet for the tribunal. Last Saturday morning i get a letter from ATOS with an appointment for an assessment next week :( Thing is the DWP/ATOS has'nt wrote to me about this or sent me an ESA50 which after so long since my last assessment have changed etc,and without me filling in an ESA50 how can they judge that i need to go for an assessment or not without it.Really upset me this,not sure if i have any strength to fight this anymore,making me really ill. :( How can they send me for this when i've not even had my hearing or filled in an ESA50
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #98889 by Gordon
Replied by Gordon on topic ESA assessment/ESA50

John wrote: Background: Failed esa assessment(zero points) in july 2012 after sending in the ESA50 in late may/early june 2012.Been on assessment rate since appealing.Had no date yet for the tribunal. Last Saturday morning i get a letter from ATOS with an appointment for an assessment next week :( Thing is the DWP/ATOS has'nt wrote to me about this or sent me an ESA50 which after so long since my last assessment have changed etc,and without me filling in an ESA50 how can they judge that i need to go for an assessment or not without it.Really upset me this,not sure if i have any strength to fight this anymore,making me really ill. :( How can they send me for this when i've not even had my hearing or filled in an ESA50


If you are appealing a Fit for Work Decision then you should not receive any further ESA50s or be required to attend a face to face assessment until after your Tribunal is held.

You need to contact the DWP to find out what is going on, they may try and push you to call ATOS, but it is the DWP that initiate an assessment not ATOS, make sure you confirm any conversation in writing. It may be worth you requesting that you speak to a Customer Service Manager, which will require a call back.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • John
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11 years 2 months ago #98894 by John
Replied by John on topic ESA assessment/ESA50
Thanks Gordon

Been to the CAB this morning over this,waste of time.The person i saw said he could'nt help me,did'nt know the answers or give me any advice.On another note Gordon,the thread of mine last week about getting or not getting N.I credits while on assessment rate ESA.The chap at CAB this morning said they do get credited,but to be honest i have taken that advice with a pinch of salt as he did'nt seem to have much of a clue about anything ESA related.

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  • John
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11 years 2 months ago - 11 years 2 months ago #98993 by John
Replied by John on topic ESA assessment/ESA50
Could the tribunal service order an assessment while i'm waiting for a tribunal date?and if they can,would'nt they have informed me?
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #98995 by Gordon
Replied by Gordon on topic ESA assessment/ESA50

John wrote: Could the tribunal service order an assessment while i'm waiting for a tribunal date?and if they can,would'nt they have informed me?


They can and may still do so.

The panel members are not issued with the papers for an appeal until about a week before the hearing and they may not actually read them until the night before, so it is not uncommon for an appeal to be adjourned on the day for a medical to be held.

If this does happen, then you will receive the report in advance of any new hearing and will have the opportunity to make a further submission with your comments \bout the report.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • John
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11 years 2 months ago - 11 years 2 months ago #98996 by John
Replied by John on topic ESA assessment/ESA50
Thanks Gordon

Do you think this has happened to me re my original post in this thread? I would'nt have thought so or i would surely know.
Last edit: 11 years 2 months ago by Gordon.

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