Tribunal setting dates DWP ask for reassessment anyway

dibdabable

This isn't my own experience but I've read quite a bit about people going to their Appeals and the Tribual finding for the claimant. The Tribunal then often make a recommendation of 2 years say before the persons reassessed again.

If this is done why are so many people then reassessed a long time before this time elapses? What's the point of the Tribunal making any such recommendation? Surely if the tribunal have overturned the DM's decision they have found just cause for the claimant being unfit for work and as such that they should remain so for that particular period of time.

It all seems a bit strange to me.

benefitbaby

The tribunal can make a 'recomendation' but this is all it is, the recomendation runs from the date of the original decision that is under appeal. The DWP can choose to accept the recomendation or not.

What is clear however is that often an appeal is not heard until many many months after the decision was made so a 2 year recomendation may actually mean a new assessment is due relatively soon.

osdset

The tribunals powers do not go far enough IMO, reassessment time should not be a recommendation it should be mandatory.

Tribunals should also have the power to sanction ATOS for costing the taxpayer unnecessary expense by forcing claimants to go to appeal.


ATOS and the DWP should be forced to attend hearings, to justify their decisions.

sja75

benefitbaby wrote: »

The tribunal can make a 'recomendation' but this is all it is, the recomendation runs from the date of the original decision that is under appeal. The DWP can choose to accept the recomendation or not.

What is clear however is that often an appeal is not heard until many many months after the decision was made so a 2 year recomendation may actually mean a new assessment is due relatively soon.

Unfortunately true. My first WCA was Nov 2011. ESA denied Jan 2012, nil points. Appealed at Tribunal Oct 2012 awarded Support Group recommended that reassessment in 24 months...

So I expect another ESA50 around Jan 2014 (if not before).

Pity really as the Tribunal was conducted fairly, but in my view, the Tribunal was a WCA of sorts and therefore that recommendation of the Tribunal ought to be the date the DWP ought to take into account. Just wrong really...

benefitbaby

sja75 wrote: »

So I expect another ESA50 around Jan 2014 (if not before).

Unfortunately, I expect it will be sent out to you in September this year.

flight747

the re-assessment often come after your first claim for esa, so, september this year are the correct one

dibdabable

osdset.I agree considering they have the power to overturn a decison made by DWP, why is their recommenadtion only that, a recommendation, it seems a bit ludicrous really.

I aso agree Atos should be represented especially when it's been found they've been econimical with the truth shall we say. They don't have to account for themselves at all it seems.

sja75

benefitbaby wrote: »

Unfortunately, I expect it will be sent out to you in September this year.

Oh right thanks. But why September, how can you be quite specific?

flight747

sja75, can you remember what date is your first claim for ESA? The Re-assessment always start every 2 years of your first claim of your ESA. Not ESA50.

For Example:

John filled ESA claim form on 1st August 2011, then fill ESA50 form on 31st October 2011 and then there will be re-assessment (ESA50) anytime on the 31st July 2013 onwards

sja75

flight747 wrote: »

sja75, can you remember what date is your first claim for ESA? The Re-assessment always start every 2 years of your first claim of your ESA. Not ESA50.

July 2011... Now your going to tell me that I ought to expect another ESA50 during July perhaps?

flight747

sja75 wrote: »

July 2011... Now your going to tell me that I ought to expect another ESA50 during July perhaps?

Yep your re-assessment will be anytime in July 2013