ESA Medical Before my Appeal has been heard??

JCRG

Hi folks,

Was wondering if any of you have experienced a similar situation to me??

Brief Summary.

ESA Medical in August 2011: Result was Support Group.

ESA Medical in May 2012: Result: Moved from Support group to WRAG. BTW I had the exact same condition/symptoms/disability but still got moved out of the Support group.

June 2012: Appeal the decision.

Today I got another medical questionairre in the post which i must fill in and have been told that I may have to attend another medical (well I know i will definitely have another one).

So I am now in the position of quite possibly having to attend another medical, my third in just over a year, whilst still waiting to have my appeal heard from a medical I had several months ago.

So what happens if the upcoming medical finds me fit for work even before I can get the chance to have my appeal about being moved from Support Group to WRAG back in May???

The chronology of the whole thing makes little sense to me.

Thanks in advance for any replies or info!!!

Dekota

I don't see why anyone would be moved from support group to WRAG unless there is a compelling underlying reason that the claimant has improved since last assessment. When did the fit/sick note that you submitted run out?

HB58

With appeals taking so long, it is not rare for people to be reassessed again before the appeal has been heard. The appeal decision will apply from the date of the decision in May until the date of the decision for your current reassessment.

HB58

Dekota wrote: »

I don't see why anyone would be moved from support group to WRAG unless there is a compelling underlying reason that the claimant has improved since last assessment. When did the fit/sick note that you submitted run out?

ESA (and DLA) decsion so not seem to follow any logic, rhyme or reason. It is quite common for a decision to be different even if the claimant's conditin has remained the same (or even worstened)!

There is no need to submit 'fit notes' once ESA has been awarded.

JCRG

Dekota wrote: »

I don't see why anyone would be moved from support group to WRAG unless there is a compelling underlying reason that the claimant has improved since last assessment. When did the fit/sick note that you submitted run out?

Thanks for your reply.

I don't have to submit sick notes. The medical I had in August 2011 I kept a record of what I filled in on the questionairre. My condition has not improved whatsoever so basically my medical in May 2012 I gave the same answers about my condition and filled in the questionairre pretty much like the last one and I still got moved out of support group. The Citizens Advice bureau filled out my appeal form and i submitted that in June. They have confirmed receipt of my appeal but I haven't heard back from them but I did get this new medical questionairre today which will no doubt mean another medical very soon.

JCRG

HB58 wrote: »

With appeals taking so long, it is not rare for people to be reassessed again before the appeal has been heard. The appeal decision will apply from the date of the decision in May until the date of the decision for your current reassessment.

Thanks for the reply. Yeah this is what I'm thinking. I can see me definitely having that medical before my appeal for the previous one has been heard.

That could possibly leave me having 2 appeals to consider. However is it possible that my first appeal is successful would it mean i wouldn't have to appeal this upcoming medical providing I am moved out of WRAG to JSA???

Cpt.Scarlet

JCRG wrote: »

Thanks for the reply. Yeah this is what I'm thinking. I can see me definitely having that medical before my appeal for the previous one has been heard.

That could possibly leave me having 2 appeals to consider. However is it possible that my first appeal is successful would it mean i wouldn't have to appeal this upcoming medical providing I am moved out of WRAG to JSA???

Unfortunately not, a tribunal decision re-makes the decision you appealed and apply from the same date, a new decision on your claim, as a result of your new assessment , will therefore be later, and will override any previous decisions including the current tribunal one when made.

If this new assessment result in an unsatisfactory decision, then you can make a second appeal, which will run in parallel to the existing one, and your claim.

Muttleythefrog

JCRG wrote: »

Thanks for the reply. Yeah this is what I'm thinking. I can see me definitely having that medical before my appeal for the previous one has been heard.

That could possibly leave me having 2 appeals to consider. However is it possible that my first appeal is successful would it mean i wouldn't have to appeal this upcoming medical providing I am moved out of WRAG to JSA???

Some time ago this issue was raised of apparent assessments while appealing. From background reading at the time of welfare rights officers' view of the law IIRC they concluded they couldn't apply a new decision until after the appeal unless new circumstances applied but they could carry out fact finding efforts in the interim if so be it. It might take some serious examination of the law to actually figure out if this is the case or not.

You haven't heard back from the DWP after appealing... and presumably therefore you haven't heard from the tribunals service... the DWP must still be reconsidering their decision... it is therefore conceivable that they're factfinding for use in this reconsideration.

Regardless. An appeal tribunal decision will apply from the date of the DWP decision being appealed (as it redetermines and replaces it effectively) and would run until a new determination of entitlement is applied. If the DWP made a new determination then any historical decision is superceded at that point in time the new determination is made... it would be an evaluation of your entitlement in the present.

I would be tempted to contact the DWP.. probably demand a callback if agent on the line can't shed light... find out why they've sent you the form when you are awaiting an appeal. I would also suggest getting supporting medical evidence into the equation if you can ASAP... evidence that supports your view that a support group descriptor (or more than one) does apply to you. And at future reassessments fire in all supporting evidence you can with your ESA50s that support the view support group criteria (and WRAG) is (still) met...will reduce chances of face to face medical.

JCRG

Thanks for the replies folks. I phoned the DWP to ask why I was being sent for the medical whilst still awaiting a tribunal date for my previous medical. The advisor basically told me that they can do this though he did empathise with my situation somewhat. My WRAG client adviser was able to tell me last week that I was going to be reassessed soon and sure enough I got the letter today.

I have never heard anything about my appeal which I submitted in early June but was told by CAB and the guy from the DWP that it could take up to 6 months for my appeal to be heard.

I find it funny how they can take so long to give you a tribunal hearing but can keep sending you for medicals in a shorter space of time.

My last medical in 2008 declared me unfit for work and I got a 3 year award. Now I will be attending my 3rd medical in just over a year soon it seems.

Muttleythefrog

JCRG wrote: »

Thanks for the replies folks. I phoned the DWP to ask why I was being sent for the medical whilst still awaiting a tribunal date for my previous medical. The advisor basically told me that they can do this though he did empathise with my situation somewhat. My WRAG client adviser was able to tell me last week that I was going to be reassessed soon and sure enough I got the letter today.

I have never heard anything about my appeal which I submitted in early June but was told by CAB and the guy from the DWP that it could take up to 6 months for my appeal to be heard.

I find it funny how they can take so long to give you a tribunal hearing but can keep sending you for medicals in a shorter space of time.

My last medical in 2008 declared me unfit for work and I got a 3 year award. Now I will be attending my 3rd medical in just over a year soon it seems.

Ah you're in WRAG aren't you.. I'm not sure the WRO discussions I was looking at at the time only related to those found fit for work where they were appealling.

Regarding appeal.. the DWP will first reconsider (unless you'd previously asked them to do one and they did) and that could take months... then the tribunals service will be contacted by them.. and that hearing could take many months to arrange. The whole process from appealing to actual appeal tribunal will take many months and possibly even a year or more.

But your case could get messy I agree... it is so important to do what you can at reassessments to thwart a poor decision and face to face medical requirement.

JCRG

Muttleythefrog wrote: »

Ah you're in WRAG aren't you.. I'm not sure the WRO discussions I was looking at at the time only related to those found fit for work where they were appealling.

Regarding appeal.. the DWP will first reconsider (unless you'd previously asked them to do one and they did) and that could take months... then the tribunals service will be contacted by them.. and that hearing could take many months to arrange. The whole process from appealing to actual appeal tribunal will take many months and possibly even a year or more.

But your case could get messy I agree... it is so important to do what you can at reassessments to thwart a poor decision and face to face medical requirement.

Yes I was put into the Support group following my medical in August 2011, I was then reassessed on 1st of May 2012. I told them my condition was exactly the same as when I had the medical 8 months previous, I answered all questions about my disability just the same as I had done and my questionaire was filled out just the same too. The medical in 2012 moved me from Support to WRAG. I was informed of the decision in early June and appealed straight away. It is the decision to move me from Support to WRAG that I am appealing. In all that time I only ever had one meeting with a Client Adviser and that was only a few weeks ago.

I'm pretty sure that I will now have this new medical before I get to tribunal. When i do eventually get to the tribunal I will of course tell them that I have had another medical before I was offered the appeal hearing.