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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 2 months ago #118140 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic still waiting to hear
Regretfully, things won't improve in the foreseeable future with ATOS pulling out prematurely of it's £500 million Work Capability reassessments.
Although they will continue new WCA's and will still cary out DLA/PIP assessments, it's inevitable that there will be job losses. MORE
Although they will continue new WCA's and will still cary out DLA/PIP assessments, it's inevitable that there will be job losses. MORE
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Puccalove
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11 years 2 months ago #118152 by Puccalove
Replied by Puccalove on topic still waiting to hear
To WeDesign,
If you are a new claimant then clearly they are of no advantage as you will be without monies. However if you are already receiving ESA they may well be to your advantage. ESA is not a fixed term benefit. That is your claim is continuous until it is stopped or reduced for some reason. Reassessment is one way of having your claim stopped or reduced. So therefore the longer you can go without being reassessed the better.
As I stated above any decision takes affect from when the decision is made and cannot be backdated to when the reassessment process began. This means there is an advantage to the claimant of a slow reassessment process. If your claim is stopped or reduced this will take affect fom the end not the beggining of the reassessment process. You cannot be asked to pay monies back. So if your reassessment takes six months and your claim is reduced at the end of this process this an extra six months on a higher level of benefit.
If you are a new claimant then clearly they are of no advantage as you will be without monies. However if you are already receiving ESA they may well be to your advantage. ESA is not a fixed term benefit. That is your claim is continuous until it is stopped or reduced for some reason. Reassessment is one way of having your claim stopped or reduced. So therefore the longer you can go without being reassessed the better.
As I stated above any decision takes affect from when the decision is made and cannot be backdated to when the reassessment process began. This means there is an advantage to the claimant of a slow reassessment process. If your claim is stopped or reduced this will take affect fom the end not the beggining of the reassessment process. You cannot be asked to pay monies back. So if your reassessment takes six months and your claim is reduced at the end of this process this an extra six months on a higher level of benefit.
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- k9man63
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11 years 2 months ago - 11 years 2 months ago #118156 by k9man63
Replied by k9man63 on topic still waiting to hear
hi puccalove, im not a new claiment on esa ,and ive not had my money stopped,i have been in the support group for the last two years,i filled out a new esa 50 and sent it back before the deadline on the 18th dec,just never heard anything yet!!,mrs hutyback informs me there are huge backlogs!
Last edit: 11 years 2 months ago by .
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11 years 2 months ago #118157 by
Hi k9,
There sure are, many people have returned their ESA50 six months or more ago, and have still heard nothing.
Your current level of ESA will remain in payment until you have been reassessed by ATOS and The DWP DM has made a decision.
bro58
Replied by on topic still waiting to hear
k9man63 wrote: hi puccalove, im not a new claiment on esa ,and ive not had my money stopped,i have been in the support group for the last two years,i filled out a new esa 50 and sent it back before the deadline on the 18th dec,just never heard anything yet!!,mrs hutyback informs me there are huge backlogs!
Hi k9,
"mrs hutyback informs me there are huge backlogs!"
There sure are, many people have returned their ESA50 six months or more ago, and have still heard nothing.
Your current level of ESA will remain in payment until you have been reassessed by ATOS and The DWP DM has made a decision.
bro58
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- Puccalove
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11 years 2 months ago #118159 by Puccalove
Replied by Puccalove on topic still waiting to hear
You are stressed because you have not heard anything back and you want to hurry up the process. What I am saying is it is of no benefit to do so and could be to your disadvantage. You will continue to receive monies until you get a decision. You do not want to hurry up a decision that could affect you negatively as the decision goes into affect from when it is made.
The following user(s) said Thank You: slugsta, k9man63
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