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New ESA50 only two weeks after sending an appeal
I think there was another thread about this subject, but I can’t find it. There seems to be a pattern of claimants who appeal against failing a medical and losing their ESA, and make a new claim for ESA pending the appeal, being sent a new questionnauire very shortly afterwards. I have a client for whom I sent an appeal on 2nd July. She has been sent an ESA50 questionnaire on 16th July. This is objectionable, and somewhat pointless. And it looks like harrassment, whether it is intended as such or not.
Can some-one point me to the original thread, or tell me whether they have had this happen to a client and what they did about it?
ESA50s are sent out by ATOS not DWP. This is most likely to be happenstance - the instruction leading to the sending out of the ESA50 will not have been made (necessarily) by the recipient of the appeal request and the two could well have crossed.
“There seems to be a pattern of claimants who appeal against failing a medical and losing their ESA, and make a new claim for ESA pending the appeal, being sent a new questionnauire very shortly afterwards.”
Is the ESA claim the assessment phase whilst appealing? Or is it for a worsened/new condition?
In the assessment phase whilst appealing no further medical would be required until the final FT determination is made.
If its for a new/worse condition then a reassessment has to be made which would prompt the ESA50.