Two medical assessments

I am at my wits end. When I applied for ESA initially, I went for an assessment in January 2010. I was turned down with nil points - so I appealed and was paid benefit at the assesment rate. I went to a tribunal on 21st October and the judge and the health professional said they agreed I had limited capacity for work and gave me 15 points and I was told I would be in the work related group. I thought that would be the end of it.

In the meantime,while I was waiting for the tribunal, the DWP had told me to go for another medical assessment on 29th September, three weeks before the tribunal. I went although I didn't know why, I assumed it was for some kind of second opinion. I have phoned them since and no-one seems to be able to explain. They said it must be because of a worsening condition - but it wasn't. I hadn't contacted them about anything. The letter telling me I had to go just came out of the blue.

Anyway, I have now had another letter which refers to the second medical and which again gives me nil points. I have spoken to them and they said that the tribunal only dealt with the first medical assessment and although I would receive the backdated pay to the tribunal date, I would no longer receive ESA. I have to appeal again, then I will go back to being paid at the assessment rate and if the decision maker agrees, I will be reimbursed the difference again.

I pointed out that the Health professional and the judge at the tribunal had based their decision on my health three weeks after the date of the second medical, so it was more recent. They still insist that I have to go through the whole process again. This is a nightmare. Will I have to go to tribunal again? One of my problems is long term depression and they are actually making it worse.

Unfortunately, yes, you're back to square one. If you're lucky, they will change their mind when they review the decision before referring it to the tribunal.

Frank wrote:

In the meantime, while I was waiting for the tribunal, the DWP had told me to go for another medical assessment on 29th September, three weeks before the tribunal. I went although I didn't know why, I assumed it was for some kind of second opinion. I have phoned them since and no-one seems to be able to explain. They said it must be because of a worsening condition - but it wasn't. I hadn't contacted them about anything. The letter telling me I had to go just came out of the blue.

Did you complete a second ESA50 before the second medical assessment?

Hi Frank I hope they get it sorted for you quicker this time around. I am in a similar position in that I am awaiting for my appeal on the original decision but had a call last night to arrange my next medical which will be before my appeal is heard early 2011....

It just shows how much of a farce and waste of money this is to me.

Good luck and fingers crossed for you.

John

No I've only completed one ESA50 form but it was late.
I applied for Disability Living Allowance,which was turned down. I got confused because I filled the long form for that (DLA 1) and I thought the first ESA 50 they sent me was a duplication. I now know that it was for a different purpose but I remember it arrived the day after I'd been told I would get ESA at the assessment phase and I thought it had all been sorted. I became very confused with all the paperwork. They sent me another ESA 50 after I appealed the first medical assessment which I completed and sent off. I'm guessing that triggered the second medical assessment but don't they have records to say that someone has already had a medical?
It doesn't seem logical that a tribunal can say that you have limited capacity for work on one day but the DWP prefers to stick with the opinion of an ATOS nurse made three weeks before the tribunal.