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Thread: How often does DWP follow tribunal award ‘recommendation’ lengths?

  1. #1

    How often does DWP follow tribunal award ‘recommendation’ lengths?

    This is in regards to ESA tribunal awards as I know pip awards have a fixed period.

    My pip was coming to an end even though I am currently trying to contest the results of a previous hearing,thought I’d call pip up and have a new claim on the go in case nothing happens with the court.

    One week later I get a ESA50 in the post even though the judge recommended under regulation 35 I not be assessed for two years from my tribunal date ,it’s not even been one year yet!!

    Is this standard practise for the DWP to review other benefits you are on when you try to claim or renew another benefit and disregarding that how often does the DWP really follow the courts recommended award lengths?

    When I called last year after winning my ESA tribunal the guy on the phone even said I wouldn’t need to be reassessed for two years it’s written on their system so why have they used the excuse of my pip coming to an end to now stop my only other source of income being my ESA?

    The battle against those with mental health issues continues...

    UPDATE: Resolved
    Last edited by moonface; 14-01-19 at 12:08.

  2. #2
    Senior Member nukecad's Avatar
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    They usually go with what the assessor or judge recommended, but will apply that from the original decison date.
    Unless the tribunal makes a 'Legal Direction' otherwise.
    (A judges 'recommendation' is not a Legal Direction, the DWP can ignore a recommendation).

    The reason for that is that the tribunal re-makes the decision but still have to apply it to the original decision date.
    If it wasn't applied to the original date the DWP would not have to give any backpay.

    There is a 'prognosis date' on your computer file which is when it flags up to tell CHDA to send you a new ESA50, this is usually about six months before what the recommedation was, to give time for things (including the ESA50) to go back and forth.
    That as you know takes time and so the new decision should be made about when it was recommended.

    So for a 2 year award you should expect an ESA50 about 18 months from the original decision date, regardless of if you had to go to tribunal.
    Last edited by nukecad; 13-01-19 at 16:42.
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  3. #3
    Thanks for the swift reply nukecad ,the original decision date was May 2017 though ,so it’s not even two years since then,they Appear to of sent it because I called up about my pip a week ago?

    I know a judges recommendation isn’t written in stone so to speak but he did explicitly write two years from the tribunal hearing and not the decision date ,as I stated in my original post the guy at ESA even said I won’t have to be reassessed until 2020...

    Just wondered if this has happened to anyone else on here.
    Last edited by moonface; 13-01-19 at 22:25.

  4. #4
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    Very strange you say this moon face as I called up DWP to enquire about a statement and a week later I had my UC50 reassessment form ( 4 months early ) I'm not sure that just calling them can trigger something but it's very coincidental nevertheless .

  5. #5
    Yes Pau it is VERY coincidental,well thanks for confirming I’m not the only one.

  6. #6
    UPDATE: Called them up and the ESA50 was sent in error,seems they try it on but when pressed they can see they are in the wrong,happy days!

  7. #7
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    Good to know moonface, hopefully you got the persons name just in case they try it on, a relief for you I’m sure .
    I’m still waiting to hear from them about my reassessment form I sent in December.

  8. #8
    Good luck Pau,it is a mystery as to how exactly these questionnaires seem to appear when you contact them ,they first tried to just say well your up for a review but when pushed about the dates and timing they could see it wasn’t right according to my award length.

    Anyway glad I got it sorted out I was fretting like mad,now to sort out my pip nightmare! (Another thread)

  9. #9
    Senior Member nukecad's Avatar
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    Quote Originally Posted by moonface View Post
    UPDATE: Called them up and the ESA50 was sent in error,seems they try it on but when pressed they can see they are in the wrong,happy days!
    I would not rely on that unless you have it in writing, and even then I would be very, very wary.

    Never believe what a DWP phone jockey tells you in circumstances like this.

    CHDA will have it on record that they have sent you an ESA50, and when they don't get it back they will inform the DWP which will start the 'failure to return ESA50' process, which could mean your ESA being stopped.
    You would then have to go the MR/appeal route to try and show you had 'Good Reason' for not returning it.
    "Someone told me on the phone that I didn't have to" is unlikely to be considered 'Good Reason' (a letter saying so should be).

    http://www.cpag.org.uk/content/ask-c...-questionnaire

    TBH as the original decision date was May 2017 then that's 19 months ago and so it is about the right time for you to be getting a new ESA50 if the DWP have ignored the judges recommendation.

    Always remember that your prognosis/reassessment date is not set in stone, the law says that they can reassess at any time.

    I think that if I was in your shoes I would fill it in and send it back, including a copy of the tribunal judgement (maybe with the recommendation highlighted).
    Yes it's annoying having to do it if you believe it to be early, but it's a case of CYA and I wouldn't take the risk.
    Last edited by nukecad; 14-01-19 at 15:23.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  10. #10
    She said she forwarded it to another department that deals with it as she was just a call center worker,I agree with your sentiment of not celebrating quite yet and I did say I’d call back in a week to check if the ESA50 had been cancelled.

    I requested that I get a call back or letter stating it had been sent in error and that the original judges award length still stands but she seemed hesitant to do that.

    She did reiterate at the end that I would receive a questionnaire in 2020 instead so did seem to sound genuine but will just have to see if the right department gets her message and does the right thing,I have three weeks until the ESA50 is suppose to be sent back so maybe I can push for written confirmation in time or get a more ‘official’ call back.

    Will update if it goes all tits up

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