Tribunal won but re-assessment ESA

flight747

my friend had won his tribunal for his esa wrag last month Dec 2012 and now he got a letter from Atos to fill ESA50 quuestionaire. He only had won ESA last month, why re-assessment again after a month ? He went Cab advice and they phoned DWP and DWP say ESA50 is re-assessment after 2 years from his first claim on ESA not from the appeal won.

Are DWP right ? Can he sued the DWP over tribunal was won last month after waiting for 14 months on the assessment phase rate!

nannytone_2

as he won the tribunal, he will receive backdated payments from the time of his initial medical. so he will actually receive the rate he was entitled to from when he was entitled to it.

he can be reassessed at anytime, and if it has been almost 2 years since his initial claim * the claim that the tribunal decision was based on) it seems that, in the eyes if the DWP, he is due an assessment, as they only know the state of his condition as of 2 years ago, and not his current condition

flight747

will he lose esa backdated ? He havent got any backdated yet, for 4 weeks still waiting and now he upset had to re-fill esa50 again. I think his esa payment had stopped. DWP is being unfair to him while appeal his esa and waiting for his tribunal for 14 months is a long time! .

nannytone_2

there are many people appealing the decisions. and im afraid he had to wait his turn.

he will get the backdated benefit as he won his appeal. tell him to phone them to chase it up, as usually any money due is paid relatively promptly.

what do you mean when you say you think his ESA pauments stopped? when did they stop?

was he transferred fro incapacity benefit?

flight747

he was transferred from incapacity benefit. What i mean is his payment of esa assessment phase stopped now because of that esa50 questionaire need to be filled in before 4 weeks to be sent off? what about sick note ?

nannytone_2

so he's waited too long to return the ESA50>
he wont need a sick note unless he makes a fresh claim.
does he have a working partner or any other income?

flight747

He had no partner, no saving, live on his own. No children. No other income. He only had ESA and before that was IB. DWP had told him that they need a doctor sick note while filling ESA50 questionaire form must be returned no later than 30th January.