under appeal for ESA but got new ESA50 to fill in

I too have just received a new ESA50 to complete, it was nearly a year ago since I completed my 1st one. Since then I have put in two appeals, the 1st one never got to Tribunal as benefits changed their mind and finally decided I wasn't fit for work, but they put me in the work group, so I then had to re-appeal that decision in April this year, I have not heard from them since regarding my appeal, but now have ESA50 to complete. Does this mean all the effort, work and energy, that went into compiling the two appeals was a total waste of time, as I am now back at square one filling in the ESA50.. Has this happened to anyone else, Snowman is the only person I could find that similar thing has happened. Can they start off new medical, whilst you are still waiting for decision on the original application? What a nuts way to carry on, I despair sometimes.

The situation to which you have referred is not uncommon.

As has been said on many occasions in the forum, Atos seem to believe that the more a claimant is bombarded with ESA50 forms, the quicker their medical condition causing absence from work will dramatically improve? In the case of claimants with mental health problems, there is a strong likelihood that their health will only get (significantly) worse through the associated stress, and certainly not better.

Although it is of no real consolation in your current predicament, the only thing you can do is to fight fire with fire with Atos and/or the DWP. The best way to start is to complete an online ESA50 form and save it to your computer along with any additional sheets that may be attached to the form. Each and every time Atos wish to recommence the WCA, you can simply update the info on the previous ESA50 and additional sheets if necessary, and send the form to them.

I would also recommend that every time a claimant fails the WCA, they immediately reclaim ESA as well as lodging an appeal against the adverse decision, especially if there is a deterioration in a medical condition. The DWP may tell a claimant that they intend to stay the claim until the outcome of the tribunal hearing, but they are not entitled to postpone a decision on the claim in these circumstances. An immediate decision should be requested, and if it is disallowed for whatever reason, submit a further appeal against this decision.

I realise this procedure could be both physically and emotionally draining for claimants, but in my view it is the only way to hit back at the DWP/Atos to demonstrate the absurdity of ESA and everything that it entails.

Thanks so much for your reply CrazyDiamond, I didn't realise you could fill in the ESA50 online so that was a good tip from you. Let the craziness/madness start again!!!