re-assessment

hello,
if I'm requested to attend a medical re-assessment while awaiting a tribunal,
do I have to attend?

stephano wrote:

hello,
if I'm requested to attend a medical re-assessment while awaiting a tribunal,
do I have to attend?

Hi S,

The simple answer to your question is "Yes".

bro58

Gordon wrote:

stephano wrote:

hello,
if I'm requested to attend a medical re-assessment while awaiting a tribunal,
do I have to attend?

If someone is appealing a Fit for Work Decision, then they should not be required to attend a medical, as by definition they have not qualified for ESA in the first place.

If someone is appealing to be placed in the Support Group from the WRAG, then they would be required to attend as they are being re-assessed for a benefit they are already in receipt of .

Hope this explains it.

Gordon

Thanks for clarifying that for stephano, Gordon.

bro58

Hello Gordon. Can I request a re-assessment? I have received a letter to say that if I provide further evidence in support of my Appeal, I many not need to go in front of a tribunal and a revision of my appeal will be made in my favour (their words). The letter has a code at the base (CAP 23). I can find no information on CAP 23. Please advise. Thank you very much.

Leigh wrote:

Hello Gordon. Can I request a re-assessment? I have received a letter to say that if I provide further evidence in support of my Appeal, I many not need to go in front of a tribunal and a revision of my appeal will be made in my favour (their words). The letter has a code at the base (CAP 23). I can find no information on CAP 23. Please advise. Thank you very much.

Hi L,

You can simply request a "reassessment", Reconsideration, of your adverse ESA decison, this must be done within 1 month of the date of the adverse ESA decision letter.

However, if the adverse decision is not changed in your favour at this stage, you would then have to submit a seperate appeal, using GL24 form, if you wished your case to go forward to The Appeals Tribunal Service.

So there are two seperate actions needed by the claimant there.

If you submit an appeal, using form GL24 within 1 month of the date of the adverse ESA decision letter, your case will receive an automatic reconsideration by a different DWP Decision Maker, anyway.

If the adverse decision is not changed at this stage, your appeal will be sent forward to the appeals process, without the need for you to request it as a seperate issue.

Please see :

How long do I have to appeal?

How to submit an appeal

You can download a GL24 form from the above page.

Is there any risk to challenging a decision?

How long to hear an appeal?

ESA medical – what forms to ask for?

ESA Forms

Qualifying for the WRAG

Qualifying for the Support Group

You can also access our recently updated ESA Appeals Guide Jan 2012, from here :

ESA Guides

bro58