DWP Medical Assessment on ESA - how many appeals?

Joogs

Hi,

I am currently on Employment and Support Allowance and have recently attended a medical assessment. After the assessment, the medical 'professional' refused me travel expenses (taxi), saying I was fit to use public transport, even though I made it clear several times I was unable to use it.

I'm not confident of the outcome so I'm preparing myself for the worst. I have attended two previous medical assessments, one of which I was told I was fit enough to work. I appealed that decision and won. I am wondering, if I fail this recent assessment, am I allowed to appeal again? I'm not sure if multiple appeals are allowed.

Any insight would be greatly appreciated,
Joogs

P.S. I was asked about my last job and how and why it ended - is this line of questioning allowed? The person asking looked awkward at that very question.

rogerblack

Appeals are not limited - as long as you follow the proper process, and are not turned down.
Internal DWP reconsideration.
First tier tribunal
Upper Tribunal
Judicial Review
Challenge in the european courts.

At each stage in this process generally, if you fail to show that your appeal has any legal grounds to proceed, you can't do so. (the latter stages are going to be out of reach of essentially all unsupported claimants)

On re-claiming for ESA.
If you are found fit for work, you cannot claim again for ESA within 6 months, for the same condition.
There are no other limits than this, as far as I'm aware.
And as appeals are taking 6 months on average - this kinda makes the whole system fairly broken..

Joogs

Thanks for the quick reply.

Sorry if I'm not grasping this bit (stressed with the medical):

On re-claiming for ESA.
If you are found fit for work, you cannot claim again for ESA within 6 months, for the same condition.

If I'm found fit for work by who - the appeal hearing or the DWP/Atos?

Thanks,
J

Cpt.Scarlet

If you are found fit for work by the dwp, then you cannot make a new claim for the same condition (and be paid) for six months, after the six months you can re-claim without problem.

Joogs

Gotcha, thanks. But I can appeal the medical assessment decision and take it to tribunal?

Thanks,
J

rogerblack

Cpt.Scarlet wrote: »

If you are found fit for work by the dwp, then you cannot make a new claim for the same condition (and be paid) for six months, after the six months you can re-claim without problem.

6 months after being found fit by the DWP - ATOS does not find you fit, or unfit, they merely submit a report to the DWP, who some days later consider your case, and sort you into the appropriate group, using a magic hat.
[*]

It's 6 months after this determination - which will typically be at most a day before the date on the letter sent out to you that you've not gotten benefit - that you can reapply for ESA.

Given that it can be up to 15 weeks before the DWP hands over your file to the tribunals service, and the tribunals service is averaging 26 weeks delay between receiving your claim, and submitting a verdict - ...

* May not be an actual magic hat.

Joogs

Understood. Thanks all for the info.

J