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Hi why another ESA form when I am still appealing

  • fiona sinclair
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12 years 2 weeks ago - 12 years 2 weeks ago #99687 by fiona sinclair
Hi , I was migrated last year from IB to ESA limited capabiliity and I am still waiting for an appeal hearing so I was surprised when I received a new limited capability form to fill in again. This is roughly a year later.

Will this form be seen by Atos again or its similar? Do I have to fill it in again whilst I awaiting a tribunal for the last form?
Last edit: 12 years 2 weeks ago by Gordon.

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12 years 2 weeks ago #99697 by Gordon

fs wrote: Hi , I was migrated last year from IB to ESA limited capabiliity and I am still waiting for an appeal hearing so I was surprised when I received a new limited capability form to fill in again. This is roughly a year later.

Will this form be seen by Atos again or its similar? Do I have to fill it in again whilst I awaiting a tribunal for the last form?


Welcome to the forum, you may wish to have a look at the following

Welcome to Benefits and Work

I also note that your forum name may be your real name, see

My full name is showing, how can I stop it?

With regard your question.

I assume you are appealing to be placed in the Support Group from the WRAG, this being the case then I am afraid that the DWP are entitled to re-assess your existing award by sending you a new ESA50, the fact that you are appealing does not change this.

You need to complete the ESA50 in as much detail as possible and support it with any relevant medical evidence that is avilable to you.

You need to be aware that as a new Decision will be made on your claim as a result of this re-assessment, it will limit any award made by a Tribunal, however, if necessary this new Decision is appealable as well.

Please make sure you refer to the correct ESA guides in the Members area, as the ESA Descriptors and Regulations have been changed since your previous assessment, the version to use will be dependant on the version of the ESA50 you have received.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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