Assessment 3 months after wining ESA tribunal?

Thank you Elisa, not quite sunk in yet.
I can rejoice now but they can't take back the stress, worry and the toll this has had on my already precarious health!
Anyway deep breath and moving on
Ana

It's all true

I had a tribunal appeal end of November 2015, which I won.

I was put back on ESA in support group. The judgement called for a period of 2 years before next assessment.

Now received a letter from Maximus where they ask me to attend a medical beginning of March.

I understand DPW doesn't have to follow this finding but 3 months is a little short. Feels more like harassment to me.

Do I have to subject myself to this again? I haven't recovered from the last fight.

Ana

Do I actually have a legal basis for asking DWP to withdraw this reassessment? I read somewhere in the forum, a couple of months ago, that by law they should wait a minimum of 8 months after the Tribunal judgement date. Was that correct?

Ana

ana wrote: Do I actually have a legal basis for asking DWP to withdraw this reassessment? I read somewhere in the forum, a couple of months ago, that by law they should wait a minimum of 8 months after the Tribunal judgement date. Was that correct?

Ana

Hi a,

I see that you have a few other topics regarding ESA.

I will therefore merge them with this topic.

Please keep all your future ESA related queries to this topic !

I am not sure where you read about the 8 months, but No, you have no legal basis once 3 months or more have passed since the date of the decision.

Even though the Tribunal made a recommendation that you should not be reassessed for 2 years, that is all that it is, a recommendation, and it is not legally binding.

You should take into account that as the Tribunal's SG Award would be back dated to the time of the adverse decision appealed, that you would then be classed as being in The SG since the date of the original adverse decision appealed.

These Tribunal recommendations where brought in a couple of years ago to stop "revolving door" appeals, which were causing unnecessary stress to claimants, congestions in the appeals system and extra cost to the taxpayer !

So even though the recommendations are not legally binding, you could still complain to your M.P. and Maximus, whilst also filling in your ESA50 within the deadline given in case your complaint is fruitless !

I can recall a few members who successfully challenged this issue by complaining and contacting their M.P., but you should continue with The ESA50 process unless you are told to the contrary.

Contact The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus).

Contacting your MP

You may also find This Post helpful !

Good luck and please keep us updated !

You should Bookmark/Favourite this page in your Internet Browser now. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bro58