New ESA Med after only winning Tribunal March??

Back in March I posted that I had to go to Tribunal for ESA & DLA on same day and won.

Since then I have been asked to attend the 2nd med to assess for work. As I have M.E. my doctor wrote to confirm I should be allowed home visit. But around 19th July I believe rules changed and I asked DWP/ATOS if this was now necessary. They were not sure so nothing heard until August when a ESA50 arrived to be back by 6th Oct saying info needed as I might need to go for med.

We wrote back and advised medical already carried out and Tribunal said that I should receive ESA.

Both DWP and ATOS rang on Friday and said that if I did not attend a brand new medical my benefit would stop. How can this be? I explained about the Tribunal and that I was no nearer to making an 'amazing' recovery.

Daley wrote:

Back in March I posted that I had to go to Tribunal for ESA & DLA on same day and won.

Since then I have been asked to attend the 2nd med to assess for work. As I have M.E. my doctor wrote to confirm I should be allowed home visit. But around 19th July I believe rules changed and I asked DWP/ATOS if this was now necessary. They were not sure so nothing heard until August when a ESA50 arrived to be back by 6th Oct saying info needed as I might need to go for med.

We wrote back and advised medical already carried out and Tribunal said that I should receive ESA.

Both DWP and ATOS rang on Friday and said that if I did not attend a brand new medical my benefit would stop. How can this be? I explained about the Tribunal and that I was no nearer to making an 'amazing' recovery.

What you have said is regrettably what appears to happen when a claimants is successful with an appeal - the work-capability assessment is reapplied, primarily because the tribunal do not suggest a date when a further WCA should be carried out.

Unfortunately you will have to attend the 'new' medical, otherwise your ESA payments will stop.

OK, thank you for confirming this is how it works. Should I ask to complete the ESA50 or is it now a foregone conclusion that I need a medical.

Daley wrote:

OK, thank you for confirming this is how it works. Should I ask to complete the ESA50 or is it now a foregone conclusion that I need a medical.

Hi,

It is not a foregone conclusion, but a possibility that you may need a medical. Some claimants get one,, others not.

Try and fill in the ESA50 as completely as possible which may reduce the chances of a medical but nothing is certain.

Pete

The last tribunal that I won, I was called in for a new IB medical three months after winning.

If the DWP / ATOS are struggling to handle the vast amount of medicals and forms for those who currently have IB claims up for renewal, how are they finding the resources to do this ?