ESA50 01/13

In feb 2012 I was told I could not get ESA so I appealed, the appeal was allowed and I won and was put on ESA + Support Allowance. On the bottom of the Court decision on 16/11/12 it stated the I should not be reassessed for 24 months.

Today I have had another ESA50 01/13 drop through my letter box. Spoke to Jobcentre and they said it was probably for an update. I said the court said I should not be reassessed for 24 moth.

IS what they are doing right?

Hi Pogo,

There are a couple of issues here. Firstly, the tribunal decision replaces the one made in Feb 2012, so your award is dated from then. Secondly, the tribunal are only able to recommend the date for reassessment, DWP can - and do- ignore this.

As forms are usually sent out several months ahead of time, yours are a couple of months earlier than we would expect if DWP are sticking with the 2 year reassessment. You can try phoning and asking for a call-back from a supervisor. This is sometimes successful in delaying the reassessment. However, unless you get something from DWP in writing to say that you do not have to fill in this form, you must get it in on time, otherwise you run the risk of your claim being closed and payment ceasing.

Don't forget to make good use of our guides, especially looking at the changes to the descriptors since you were last assessed.

ESA claims and appeals

ESA FAQs

If you have any further questions, please come back and ask them on this topic/thread. You will find it easily in future if you bookmark it, or make it a favourite on your web browser, now.

I did contact the DWP again and a supervisor called me back to inform me that the DM had requested for my claim to be looked at again in 12 months.

So 10 months after winning my appeal and after the tribunal noted for me not to be assessed for 24 months I am on the merry-go-round again.

I am not surprised the Tribunals are swamped if DM's are taking it upon themselves to supersede the appeals ruling, though I do know recommendations have no place in law.

What a shambles.....

Indecently the supervisor told me that tribunal appeals are being changed soon, but she did not know in what way they are changing, or did but did not want to tell me?

Pogo-Stix wrote: I did contact the DWP again and a supervisor called me back to inform me that the DM had requested for my claim to be looked at again in 12 months.

So 10 months after winning my appeal and after the tribunal noted for me not to be assessed for 24 months I am on the merry-go-round again.

I am not surprised the Tribunals are swamped if DM's are taking it upon themselves to supersede the appeals ruling, though I do know recommendations have no place in law.

What a shambles.....

Indecently the supervisor told me that tribunal appeals are being changed soon, but she did not know in what way they are changing, or did but did not want to tell me?

Hi P-S,

The supervisor was probably referring to mandatory reconsideration which come into force from 28/10/13, as Gordon explains here :

www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=99306

bro58

Hi P-S,

"Indecently the supervisor told me"

Cracking typo, by the way !!!!!

Or did you mean what you wrote ?

bro58