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Tribunal setting dates DWP ask for reassessment anyway

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Comments

  • sja75
    sja75 Posts: 574 Forumite
    flight747 wrote: »
    Yep your re-assessment will be anytime in July 2013

    I was always aware that the DWP could reassess at anytime (Muttleythefrog) but was unaware of this aspect. Thanks for the advice.
  • flight747
    flight747 Posts: 510 Forumite
    Sometimes it can be longer than July 2013 depend on the backlog on DWP and ATOS to sent out another ESA50 at anytime between July and September 2013
  • sja75
    sja75 Posts: 574 Forumite
    flight747 wrote: »
    Sometimes it can be longer than July 2013 depend on the backlog on DWP and ATOS to sent out another ESA50 at anytime between July and September 2013

    Hopefully...

    Whilst I have already made provisions for the new 'no time limit' Mandatory Reconsideration, I shall certainly factor in this aspect further. Thank you once again.
  • sja75
    sja75 Posts: 574 Forumite
    flight747 wrote: »
    Sometimes it can be longer than July 2013 depend on the backlog on DWP and ATOS to sent out another ESA50 at anytime between July and September 2013

    May I please ask the relevance of September? BenefitBaby and yourself have referred to that, curious...
  • flight747
    flight747 Posts: 510 Forumite
    Because it normally take 8 weeks to sent out another re-assessment from DWP passed onto ATOS. So, between July and September 2013 is correct.
  • flight747
    flight747 Posts: 510 Forumite
    Mine didn't come to re-assessment until 6 weeks later.
  • sja75
    sja75 Posts: 574 Forumite
    flight747 wrote: »
    Mine didn't come to re-assessment until 6 weeks later.

    In addition the time your allowed for ESA50 submission, review thereof and subsequent (potential) medical and DM's decision...

    So from July, as I understand, potential Mandatory Reconsideration (if required) could be months thereafter perhaps.
  • flight747
    flight747 Posts: 510 Forumite
    Yes anytime after July 2013 could take (up to) 8 weeks. When u sent out another ESA50 and then another wait for (up to) 4 weeks to find out if you are to attend another ATOS medical re-assessement or don't need to attend.
  • pudsey
    pudsey Posts: 18 Forumite
    Part of the Furniture
    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.

    Hi. I won my tribunal in December ( 8 points to support group) and the decision of the tribunal included the recommendation of no review for a period of two years from the date of the TRIBUNAL DECISION ie 12/12 12.
  • flight747
    flight747 Posts: 510 Forumite
    pudsey wrote: »
    Hi. I won my tribunal in December ( 8 points to support group) and the decision of the tribunal included the recommendation of no review for a period of two years from the date of the TRIBUNAL DECISION ie 12/12 12.

    12/12/12 doesn't mean your next re-assessment will be 11/12/2014. DWP will sent out another ESA50 form after your first claim. So, your first claim could be in 2011. Another assessment due in 2013.
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