ESA won appeal now asking for fit/sick notes is this right?

abrahamlincoln_2

hello everyone a little bit of advice would be appreciated. receive esa no other benefis. bit of backround i attended an atos medical sep 2009 which i failed i appealled and carried on sending doctors sick/fit notes. appeal went to tribunal july 2010 and i won and was told no need to supply doctors notes and received backdated money. December 2010 letter to attend another atos medical 13th december which i did. received letter on monday 10th jan to say i failed so ive sent off appeal form. got two letters today dated 4 jan stating my sicknote dated sep 13 - dec 24 is about to expire please supply. ????? here is where iam confused as i have not provided a sick/fit note since winning the appeal july 2010. do i need to supply notes even though i won in july or is this a completely new claim? any advice would be appreciated. thank you

Mupette

because you have just failed your medical again, you do need to supply another. Regardless that you passed after appeal for the first one.

atrixblue.-MFR-.

abrahamlincoln wrote: »

hello everyone a little bit of advice would be appreciated. receive esa no other benefis. bit of backround i attended an atos medical sep 2009 which i failed i appealled and carried on sending doctors sick/fit notes. appeal went to tribunal july 2010 and i won and was told no need to supply doctors notes and received backdated money. December 2010 letter to attend another atos medical 13th december which i did. received letter on monday 10th jan to say i failed so ive sent off appeal form. got two letters today dated 4 jan stating my sicknote dated sep 13 - dec 24 is about to expire please supply. ????? here is where iam confused as i have not provided a sick/fit note since winning the appeal july 2010. do i need to supply notes even though i won in july or is this a completely new claim? any advice would be appreciated. thank you

sounds to me as if you werent in a exempt catagory, the apeal you won the tribunal must have put a 12month period from date of decision to suspend your benefit in 2009. so ESA sent you for another medical, in turn you failed, so you have to yet apeal.

in your GL24 or esa appeal form what ever thats called form you can ask for copies of the medical assessment, your claim, to be sent to you as soon as possible.
also give the reasons for apealing, condition not changed since tribunal last xxxx 2010 if it hasnt, etc etc.

abrahamlincoln_2

so this starts all over again as if it is new, ok thank you.

help4help2013

was you put in the work related group or the support group when you won your tribunal ?i know from mine if your in the support group you get 18 months min until your next medical from the day you won your tribunal that's what the letter said they sent me

sunnyone

nitelite2010 wrote: »

was you put in the work related group or the support group when you won your tribunal ?i know from mine if your in the support group you get 18 months min until your next medical from the day you won your tribunal that's what the letter said they sent me

Wrong, my husband got a form 6 months after he was placed in the support group, they can choose any lenght of time from 6 months+.

My husband didnt have to have another medical then, he has also recently had another form 6 months after the last, my husband didnt have a tribunal.

bluetoffees

sunnyone wrote: »

Wrong, my husband got a form 6 months after he was placed in the support group, they can choose any lenght of time from 6 months+.

My husband didnt have to have another medical then, he has also recently had another form 6 months after the last, my husband didnt have a tribunal.

Hi, I've just been put in the support group for 6 months and told I might have to have another medical then. So, do they send out another ESA50 form at that time to judge whether or not you need a medical, and if your condition has not changed significantly, is it unlikely that another medical would be required?:)

NASA_2

Support group is the same as WRAG when it comes to reviews - there is certainly no 18 month period.

sunnyone

bluetoffees wrote: »

Hi, I've just been put in the support group for 6 months and told I might have to have another medical then. So, do they send out another ESA50 form at that time to judge whether or not you need a medical, and if your condition has not changed significantly, is it unlikely that another medical would be required?:)

My husband got a form and no medical, he has recently done another form (well I have because hes not caperble due to a recent stroke) but we dont know if he will have to have a medical yet.

My husband is much more ill now than he was, hes now going to have to start dialasis, hes had a stroke, he has heart problems ontop of the kidney failure etc. he initially was on ESA for but it wouldnt surprise me if they called him for a medical.

NASA_2

sunnyone wrote: »

My husband got a form and no medical, he has recently done another form (well I have because hes not caperble due to a recent stroke) but we dont know if he will have to have a medical yet.

My husband is much more ill now than he was, hes now going to have to start dialasis, hes had a stroke, he has heart problems ontop of the kidney failure etc. he initially was on ESA for but it wouldnt surprise me if they called him for a medical.

Will he satisfy the following?

Receiving regular treatment
[FONT=Arial,Helvetica][FONT=Arial,Helvetica]42045 Claimants are treated as having LCW when they
[/FONT][/FONT]1. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]receive
[/FONT][/FONT]1.1. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]regular weekly treatment by way of haemodialysis for chronic renal failure [/FONT][/FONT]or
1.2. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]treatment by way of plasmapheresis or by way of radiotherapy [/FONT][/FONT]or
1.3. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function1 [/FONT][/FONT]and
2. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]satisfy the condition in DMG 420482
unless they are treated as not having LCW because they are working3 (see DMG 42292 et seq).
[/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 ESA Regs, reg 26(1); 2 reg 26(2); 3 regs 40 & 44
[/FONT][/FONT][FONT=Arial,Helvetica][FONT=Arial,Helvetica]42046 An explanation of the treatments in DMG 42045 is in Appendix 3 to this Chapter1.
[/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 reg 26
[/FONT][/FONT][FONT=Arial,Helvetica][FONT=Arial,Helvetica]42047 Subject to DMG 42048 a claimant referred to in DMG 42045 is to be treated as having LCW during any week in which that claimant is engaged in treatment or has a day of recovery from that treatment1. [/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 reg 26(1)
[/FONT][/FONT][FONT=Arial,Helvetica][FONT=Arial,Helvetica]42048 Claimants who receive the treatment in DMG 42045 [/FONT][/FONT]1. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]are only treated as having LCW from the first week of treatment where they have no fewer than
[/FONT][/FONT]1. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]two days of treatment [/FONT][/FONT]or
2. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]two days of recovery from that treatment [/FONT][/FONT]or
3. [FONT=Arial,Helvetica][FONT=Arial,Helvetica]one day of treatment and one day of recovery from that treatment
but the days of treatment or recovery or both need not be consecutive1.
[/FONT][/FONT][FONT=Times New Roman,Times][FONT=Times New Roman,Times]1 reg 26(2)
[/FONT][/FONT]

parsons

sunnyone wrote: »

My husband got a form and no medical, he has recently done another form (well I have because hes not caperble due to a recent stroke) but we dont know if he will have to have a medical yet.

My husband is much more ill now than he was, hes now going to have to start dialasis, hes had a stroke, he has heart problems ontop of the kidney failure etc. he initially was on ESA for but it wouldnt surprise me if they called him for a medical.

I have just posted some comments about this same subject on another thread.

I do find it difficult to take in that they regularly re-test people who are clearly in no position to attempt to do any work and have been in the Support Group.
The timeframe. I am aware that currently it seems to be the case that 3 monthly cycles of Suppport Group to re-test are happening. In some cases I am aware of, it actually is even worse! Support Group - (3 months later) - re-test - fail - appeal -(12 months later) - Support Group - (3 months later) - re-test - fail?????

I have every sympathy for those that find this system too much to cope with and give up. All for the sake of trying to find the dodgers and to reduce the Welfare Costs at any cost. The end doth justify the means?