esa success

aries wrote: Hi.
I passed my appeal today.however i have to go to an atos medical on 1st march.i cancelled my appeal then reinstated it during this time which was in january i was asked if i wanted to get paid i would have to make a new claim which i did.for esa while my appeal was to be considered.i phoned up atos and dwp line got 2 different answers.atos said my money would be stopped.1 dwp staff said i would have to go to new medical.however 1 man said that as soon asy appeal was reinstated the old claim should be the only valid claim and the new 1 stopped.now my question is who is right do i have to go to atos medical or should the old claim apply where i have won my appeal and perhaps shouldnt go for a medical for other 6 months.confused

Can I just confirm the history of your claim, I am assuming that you were appealing a Fit for Work Decision, in January you cancelled your appeal and made a new claim for ESA, but then re-instated the appeal, which has now been heard and found in your favour.

In principle, your original claim should supercede the new one, however, the difficulty you have is that the DWP may not even receive your Tribunal result for a week and it could easily take them a further 4-5 weeks to process it through the system. By not attending your medical, you run the risk of your new claim being closed and payments being stopped, and whilst this should be possible to sort this out in the long term, it will not be possible to do so in the short term.

On this basis, unless you are excused by the DWP in writing from attending this assessment, my advice is for you to go., what effect this assessment may have on your claim, is impossible to say at this point, but it is possible that the DWP will treat this as a new Decision on your original claim.

Gordon