appealing decision - now being called for medical

After many years on Incapacity Benefit, I received and completed ESA50 last July. I returned it with supporting medical evidence. I received a letter from Jobcentreplus in September, advising me that I had been placed in the work-related activity group. I didn’t attend a face to face assessment (medical).

I sent my appeal against this decision (GL24, letter of appeal and Subject Access request under the Data Protection Act 1998) in October – by registered post. I have not received any acknowledgment to my appeal, or any paperwork at all, but last week I received a letter from Atos, requiring me to attend an assessment with a healthcare professional in a few days’ time.

Is it usual to be called for a medical when an appeal has been lodged? I’m not sure how this is going to affect my appeal – I understand that any change in decision would result in my appeal lapsing, but I am not sure whether my existing appeal continues if the decision following the medical is unchanged. Is the medical likely to relate to my appeal? Or are they likely to be assessing me as if no appeal exists? Sorry for so many questions, but I’m feeling confused and bewildered by it all.

I decided to appeal because I do not agree with their decision - and I receive contributory based benefit, so would be subject to the 52 week rule.

Many thanks.

Gordon wrote: boadicea

First with regard the new ESA50, I am afraid that it is perfectly possible to be re-assessed whilst a claimant is waiting for an appeal, they are seperate processes that can run in parallel, so you should complete the form in as much detail as possible and provide any up to date evidence that you have.

As to the appeal, this will not be lapsed by the re-assessment, as the appeal is concerned with the previous Decision, whereas the new assessment will create a new Decision.

I am concerned that you have had no update on your appeal since submitting it last Ocober, so you might want to contact your local DWP office to ascertain what is happening, it is perfectly possible that it is still stuck in the Reconsideration phase, but it is best to check.

If you are placed in the Support Group as a result of your appeal, then any back payments will be limited by the decision resulting from this new assessment.

If you have further questions, please reply to this post.

Gordon

Hi G,

It does not appear that the O.P. has received a fresh ESA50, but only a letter from ATOS to arrange a face to face in a few days time.

I am sure that the O.P. will clarify.

bro58

Many thanks for your reply. Sorry if I've not explained well - I've not received another ESA50 form, only a letter from Atos summoning me for a medical. So I was assuming that this medical must be part of the reconsideration of the decision I am appealing, rather than any sort of re-assessment.

Is that not likely to be the case?

Thanks