sarah wrote: My husband and appealed against the decision to place him in the WRAG last year (feb) we won the appeal and he was placed back in the support group. The appeal decision also stated that 'the repellant not be reviewed for 24 months' which would make it next Feb'14
Just before Christmas we received another ESA50 form I rang ATOS who confirmed that they do not issue the forms although they do get returned to them. I explained our position and she kindly rang the DWp and queried this with them. She was informed that the form had to be completed and returned as stated.
I completed the form ( help from your guides, thank-you) and returned it wil medical reports and a copy of the appeal decision.
My husband has now received a letter stating a date for his medical. Can they do this? Surely they should take into account the appeal decision?
Any help grateful
Hi s,
These "recommendations" being given by The Tribunals, in your husband's case :
"not be reviewed for 24 months" , are only recommendations, and have no standing in law.
You should also take into account that when a Tribunal makes a decision, this is actually a "Remaking" of the original decision that has been appealed.
Therefore, your husband will be deemed to have been in The SG since the date of the adverse decision that you appealed, and won.
Unfortunately, your husband will have to comply with the request for him to attend the face to face assessment, unless he can gain support from his G.P. or medical evidence that would show that he is not "fit" to attend a "medical" at an assessment centre.
Failure to attend can result in a fit for work decision, hubby would have to show good cause for non attendance, and this could result in his benefits ceasing, and an appeal.
bro58
