ESA medical again !!

Hi all, I posted back in march and April. In March I lost my appeal for esa, I have Multiple Myeloma, an incurable bone marrow cancer. I re applied for esa as it had been 14 month since my previous assesment, and I received esa again in march.On saturday I had a call from atos at 4.45pm to make an appointment for another medical assesment. I applied on march 4th in writing and telephone for a copy of statement of reasons from the previous tribunal incase I wanted to appeal to the upper tribunal, I have still not received this, surely this in itself is a 'error of law. I sent with the new esa50 form letters from my consultant and gp and said if they need anymore info, to contact my gp who wanted to help, Should they be sending me for another assesment when I haven't had chance to see the statement from my previous lost appeal. I find the whole thing pure 'harassement'.

shandy wrote:

Hi all, I posted back in march and April. In March I lost my appeal for esa, I have Multiple Myeloma, an incurable bone marrow cancer. I re applied for esa as it had been 14 month since my previous assesment, and I received esa again in march.On saturday I had a call from atos at 4.45pm to make an appointment for another medical assesment. I applied on march 4th in writing and telephone for a copy of statement of reasons from the previous tribunal incase I wanted to appeal to the upper tribunal, I have still not received this, surely this in itself is a 'error of law. I sent with the new esa50 form letters from my consultant and gp and said if they need anymore info, to contact my gp who wanted to help, Should they be sending me for another assesment when I haven't had chance to see the statement from my previous lost appeal. I find the whole thing pure 'harassement'.

Hi,

As you have reapplied for ESA, yes they can request another medical.

As you lost the previous claim at a 1st Tier Tribunal, your new claim is treated as a totally seperate claim and you will have to go through the prcoess if you wish to continue to receive ESA.

If you applied for the Tribunal's Ststement of Reasons in March, I would definitely be chasing this up as a matter of urgency. If you get no joy in receiving it, then both put in a formal complaint and contact your MP and ask him/her to become involved.

Pete

I'm staggered I truly am. You have bone marrow cancer and yet they failed you? Appalling treatment imo.

I do have my local MP involved, he has written a letter to Ian Duncan Smith (DWP)and has sent me a copy, he is also chasing my statement of reasons, his secretary is chasing the reply from dwp, but until then I will still have to go to yet another medical.

I think the whole system stinks, I have 39 years on full stamp, working full time since the age of 15 and this is what you have to put up with when you are in need of support.

Just a quick update, I rang the tribunals dept about my statement of reasons that I applied for in writing on March 4th the day after my tribunal and still have not received. The lady checked and said 'this is most unusual,we received your request but nothing has been done, the judge is supposed to give statement of reasons and then we have it for typing, but it has not been done. The lady said she would look into it to see what had happened. Surely if I did want to go to upper tribunal( 3months after tribunal)then this could be classed as 'error of law'?

My MP is now onto tribunals and dwp to see what has happened in all this mess.