Can I be Reassessed So Soon?

damo24

Hi,

On 8th March 2013 after a 6 month fight I won a tribunal for ESA. I was placed in the support group. Amongst the Tribunal's judgement it stated:

The Tribunal recommends that the Department does not reassess the applicant within 12 months from today

Today I have received an ESA50 from ATOS telling me I have 3 weeks to complete the form or risk losing my benefits. I have called the DWP and they said that by the time I have completed the paperwork and it is processed my 12 months will be up and I will need to be reassessed.

Can anyone advise if this is correct or should the DWP wait until at least 8th March before they begin this process again?

Many thanks

Poppie68

The Tribunal recommendation is just that, a recommendation, the DWP can reasses you at anytime. If they waited until the 8th March to start the process again your claim would of ended and you would most probably be left with no money until the application had been completed again.

damo24

Thanks, I thought that might be the case that it is only a recommendation but I guess I hoped that it would have had more influence than that.

Robbie64

damo24 wrote: »

Thanks, I thought that might be the case that it is only a recommendation but I guess I hoped that it would have had more influence than that.

It's not uncommon for ATOS to send out the ESA50 about 6 to 8 weeks before the review date is reached. The DWP will create a review file about 8 weeks before the review date and will (electronically) pass the file to ATOS who then send out an ESA50 automatically.

If ATOS were to wait until your review date in March to send out the ESA50 it would, in practice, work out that you would be having a Work Capability Assessment about a month or two after your review date.