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legacy ESA re assessment
- Mark PARKER
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9 months 2 weeks ago #286297 by Mark PARKER
legacy ESA re assessment was created by Mark PARKER
I had two wins at tribunal on both me era wca assessment appeals, and the end of it I was told I would never be re assess again, (although from my first appeal to me second I was moved from support group to work group- but didn't question it at the time) just relieved it was over, the last assessment appeal was in 2018. less than a year ago after a year and a ½ process for pip my entitlement went to higher rate for both, no re assessments entitlement till 2033.
today I just received a ESA50 reassessment. Im livid, I though it was over. ant idea why they would be doing this, the overlap they know my conditions, and both sea wca thet award me 0 point and my evidence both times gave me 21 then 27 point, has something happened recent for them to warrant doing this again now
last time the decision maker called to tell me 0 points again, and stopped everything that day, until I won my appeal and I went back on gas basic until q year until tribunal, if they do that again, im done, Just for the time time the day before the esa50 arrived, I collected my disability car, to with that gone and Esa cut if I loose what they will im sure that's why there reassessing, im go under.
any thoughts?
today I just received a ESA50 reassessment. Im livid, I though it was over. ant idea why they would be doing this, the overlap they know my conditions, and both sea wca thet award me 0 point and my evidence both times gave me 21 then 27 point, has something happened recent for them to warrant doing this again now
last time the decision maker called to tell me 0 points again, and stopped everything that day, until I won my appeal and I went back on gas basic until q year until tribunal, if they do that again, im done, Just for the time time the day before the esa50 arrived, I collected my disability car, to with that gone and Esa cut if I loose what they will im sure that's why there reassessing, im go under.
any thoughts?
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- BIS
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9 months 2 weeks ago #286327 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic legacy ESA re assessment
Hi Mark Parker
I'm sorry you find yourself in this position. I'm not entirely sure I've followed your story correctly, so forgive me if I have misunderstood anything you've said.
1. You have been awarded enhanced rate for PIP for an ongoing period (ten years)
2. You have had 2 appeals for ESA, the last one being in 2018.
You said after the first appeal, you were moved from the support group to the work group. What happened after the second appeal in 2018? Were you put back in the Support Group?
After the second appeal, were you told you would never be reassessed again? Do you have this statement in writing?
Just because you have an ongoing award for PIP, it doesn't automatically mean they won't review your ESA. This happens to many other people, and as upsetting as it is for you, I think it is just coincidental that you have received the ESA50 - not a sinister action on the part of the DWP.
If you have it in writing that you should never be assessed again - then I think it is worth contacting the DWP and asking them why you have been sent the review form. If you don't have it in writing but you know it exists on your file, you could still contact them and raise the question. I don't know whether the Tribunal said this as a recommendation and what they said may not be legally binding - (but I'm not an expert on that particular matter - and one of the other mods may chime in).
If there is no record of your being told you would never be assessed again, you have very little to fight against, and you will have to complete the review form.
BIS
I'm sorry you find yourself in this position. I'm not entirely sure I've followed your story correctly, so forgive me if I have misunderstood anything you've said.
1. You have been awarded enhanced rate for PIP for an ongoing period (ten years)
2. You have had 2 appeals for ESA, the last one being in 2018.
You said after the first appeal, you were moved from the support group to the work group. What happened after the second appeal in 2018? Were you put back in the Support Group?
After the second appeal, were you told you would never be reassessed again? Do you have this statement in writing?
Just because you have an ongoing award for PIP, it doesn't automatically mean they won't review your ESA. This happens to many other people, and as upsetting as it is for you, I think it is just coincidental that you have received the ESA50 - not a sinister action on the part of the DWP.
If you have it in writing that you should never be assessed again - then I think it is worth contacting the DWP and asking them why you have been sent the review form. If you don't have it in writing but you know it exists on your file, you could still contact them and raise the question. I don't know whether the Tribunal said this as a recommendation and what they said may not be legally binding - (but I'm not an expert on that particular matter - and one of the other mods may chime in).
If there is no record of your being told you would never be assessed again, you have very little to fight against, and you will have to complete the review form.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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