Being called for ESA reassessment too soon?

At an appeal tribunal in early December last year, I was reassigned from the WRAG to the ESA Support Group. The tribunal recommended that I should not be reassessed within 12 months.

Today, 10 months after that decision, I received a form to fill in for ESA and have been given a month to complete it.

So I’m being assessed two months early (or one month, depending on how you look at it) – do I have grounds for objection? If so, where do I send my objection? I’d prefer to make it in writing since I don’t trust Atos or DWP and want everything documented – and I struggle to concentrate on the phone.

Rigmarole wrote: At an appeal tribunal in early December last year, I was reassigned from the WRAG to the ESA Support Group. The tribunal recommended that I should not be reassessed within 12 months.

Today, 10 months after that decision, I received a form to fill in for ESA and have been given a month to complete it.

So I’m being assessed two months early (or one month, depending on how you look at it) – do I have grounds for objection? If so, where do I send my objection? I’d prefer to make it in writing since I don’t trust Atos or DWP and want everything documented – and I struggle to concentrate on the phone.

Hi R,

The Tribunal's recommendation has no standing in law, and is purely a "recommendation".

Even with a normal ESA award of WRAG or SG, the recommended period before reassessment (The prognosis) is again only a "recommendation".

How often will I be reviewed

Further, it is par for the course to receive a new ESA50 2-3 months before the end of a prognosis period, therefore the timing with regards to you receiving this new ESA50 is the norm.

It is not just the 4 weeks given for you to fill in and return the ESA50, you then have to allow for ATOS to reassess you, which may include a F2F assessment, and they then have to return the Medical Report to the DWP DM who makes the decision.

As things stand, I would be most surprised if you received a fresh decision on your reassessment by early December 2013.

As you may know, there have been some changes to the ESA50 and the qualifying descriptors earlier this year.

You may wish to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

You will continue to be paid your current rate of ESA until a fresh decision has been made.

This could well go beyond early December.

bro58