Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder BettieBoo Novitiate

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    Default Won tribunal, been sent a new esa50 form!

    Hi guys;
    Didn't think I'd need to post a new threadicon just yet but wow this was a quick one!
    Some of you might remember me from a few previous threads. Basically I won my tribunal in December (work focused group) and was awarded 18 points.
    I hadn't heard anything from the DWP until yesterday when I got sent a new ESA50 form. I called them up to find out why they'd sent it and they said that as 6 months had passed I now have to fill this in & most likely go for another Atos medical.
    Has anyone else had to do this? I'm guessing I'm going to have to get more letters from my doctors/psychiatrists and expect another appeal!
    I feel so let down by getting this letter, the last year was hell & having to appeal and go to tribunal was such a horrible time & I now have to think about this happening again, and after only 6 months is shocking.
    Would be grateful if anyone had a little advice
    Thanks!


  2. #2
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    Default Re: Won tribunal, been sent a new esa50 form!

    Hello again, bettyboo. how difficult for you when you thought you had peace and quiet for a while.

    Did you have help with your appeal last time? If so, depending on the answers you get here, you may need to call on them again.

    There may be an explanation for this, to do with timing of appeals, etc, but it's beyond my experience. I suspect someone like leemack or Erika would understand. I have a vague recollection, but don't quote me, that the timing of your next assessment is set at either your assessment.

    Hopefully, someone will be along to explain soon.

    My best, HB

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  3. #3
    Basic Account Holder BettieBoo Novitiate

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    Default Re: Won tribunal, been sent a new esa50 form!

    Hi there;
    Yes it sure has ruined my peace and quiet. I knew it seemed too good to be true though & anticipated something like this happening. I didn't think it would come along so soon though!
    I didn't have any help with my previous appeal, I just used info/advice on here & online. I never actually had to go to tribunal in the end, when I got to the court I was told it had already been decided and awarded in my favour.
    I filled in my first esa50 over a year ago. I don't think I really explained in detail the issues with my illness & how it affects my day to day life and shortly after that I had my atos medical.
    I'm dreading having to go to another one of those! Although I suppose i'll know what to expect this time round though!
    Just annoyed more than anything, i'm dreading having to re-appeal & having to be on assessment rate pay again.
    such a pain!


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    Default Re: Won tribunal, been sent a new esa50 form!

    Unfortunately, when you win your appeal, your next atos assessment is timed from your last assessment, and not from the date of tribunal. Many people are having yearly assessments, particularly for mental health issues - so with appeals taking 6-9 months, most are then getting the ESA50 through the door pretty soon after the appeal. There really isn't anything you can do to stop the regular assessments except to be prepared at the assessment and give yourself the best chance of passing.

    Before you go, know the descriptors you think you score points on, think of examples from your daily life to show you fulfill the descriptors, and with every question, use it as an opportunity to get this information across. There is also a sticky on the medical and how to approach it.

    http://www.consumeractiongroup.co.uk...3-esa-medicals



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