ESA50

ESA wrote:

Hi Gordon, I don't even know if there is going to be a hearing, having had nothing other than the decision notice telling me they accept my appeal and asking the Secretary of State to supply a full submission of evidence including my previous ESA50's, which I have a copy of on my pc so will just reprint and send to them. It could be that its just re-assessment time

ESA appeals are probably taking 7-8 months from when the Tribunal Service are sent you papers.

Have you received an evidence pack from the DWP yet?

If not, then I would wait before supplying the ESA50 to the TS, as the DWP are required to submit their case and evidence first and you don't want to let them off of the hook for doing this.

Gordon

ESA wrote:

Hi Gordon, I have received, from the Tribunal, the evidence I supplied when I appealed along with a schedule of evidence and a list of notes relating to the case, date created Note or Signioficant Event as in Sept 09 when I told them the NHS had terminated my employment due to ill health.
Should I expect more?
Atos are asking me to return the ESA50 by 26th Oct

OK, just to make sure that we seperate the ESA50 from your previous assessment and this new one. The new one needs to be returned as instructed and cannot be used in connection with your current appeal.

If the DWP have not included your previous ESA50 in the evidence that they have sent to the Tribunal Service, then you should not feel obliged to provide a copy, however, if you believe that making it available would benefit your claim, then you should do so as part of your evidence. The DWP are required to supply all documents used to make their Decision, if the ESA50 is omitted then they are in effect saying that they did not use to make that Decision, which may be to your advantage.

Gordon