Another Atos 'Medical' before a tribunal hearing?

This question may seem a bit naive but I cannot find the information I need.

I attended an ATOS medical in March and was placed in the WRAG on grounds of depression, which is probably the least of my health problems. I susbsequently registered an appeal, to be placed in the support group and have been informed that my case will not be heard, before late October.

I have today received another ESA50 form to return before August 19th or risk losing benefit. Subsequently I presume I will have to attend another ATOS 'medical'.

Can someone tell me whether I have to comply with this. It does not seem right that the DWP can put someone through this again whilst awaiting a tribunal.

I found completing the last ESA50 just about the most stressful thing I have had to do.

I have a variety of debilitating conditions, which have developed in the last ten years, and the ATOS assessment was very unhelpful to my situation. It is full of assumptions and took no account of my health. Some of the assumptions are just downright offensive.

One statement being that I informed the assessor that I have never been employed in my life! I am 60 years old and have worked all of my life except for the last few years when I was essentially a Carer to my late Wife. Another comment was that I 'cannot be bothered to wash' whilst at the same time I am acknowledged to have been of 'kempt' appearance and 'tidily' dressed.

Anyway, I won't digress into a rant! I would ust be happy if someone can answer my initial question. Thank you.

Hi Frazzledfred

I'm afraid that with appeals taking considerable time, sometimes over a year to get to the hearing, it is quite common to be reassessed before the hearing if you are in the WRAG. It is essential that you send in the ESA50 before the deadline to remain in the WRAG.

On the positive side it's possible that you could be placed in the SG in which case your appeal will continue as you will still be entitled to a backpayment if the appeal is allowed.

If you are placed in the WRAG again you can appeal the second decision as well. If your first appeal is allowed and you are placed in the SG the decision may only be valid until the date of the second decision.

Good luck

Derek