Welfare rights consultant, www.neilbateman.co.uk Member since 24th Jan 2004
RE: URGENT - further ESA50 issued after successful Tribunal outcome Fri 05-Feb-10 10:47 AM
Absolutely no such rule in the law. However, the DWP set control periods to trigger new medicals/ESA 50s. The length of these are decided by DWP staff and are not subject to appeal and generally not known to the claimant.
However, the usual administrative law principles apply to such things - not having blanket rules, looking at the merits of each case, not being irrational, etc.
It may be possible to challenge the issue of a new ESA 50 so soon after a Tribunal by using the DWP's complaints procedure and/or possibly judicial review.
Caseworker, Birmingham Tribunal Unit Member since 08th Jun 2004
RE: URGENT - further ESA50 issued after successful Tribunal outcome Fri 05-Feb-10 10:55 AM
I had a client who experienced this revolving door a couple or three years back. After the 3rd successful PCA appeal, when he turned up at our door with another IB50 I sent it back with a covering letter complaining the he was being victimised and he passed the PCA on scrutiny.
Now I'm not usually one for alleging any collusion but it was more than a bit convenient...
Co-ordinator, Disability Information Service (Torbay) Member since 03rd Feb 2004
RE: URGENT - further ESA50 issued after successful Tribunal outcome Tue 25-May-10 03:25 PM
Resurrecting this old thread as now have three clients being sent ESA50 and onward medicals following successful appeals go into WRAG. Started formal complaints procedure.
Local BDC recently stated 'everyone' seen at 3 or 6 month intervals. Of course nothing in law requires this. The problem seems to stem from the 'prognosis' usually found in the ATOS medical report.."should be better after 3 months", etc.
Reg. 23 (quoted by BDC) in reply to complaint states:
Claimant may be called for a medical examination to determine whether the claimant has limited capability for work
23.—(1) Where it falls to be determined whether a claimant has limited capability for work, that claimant may be called by or on behalf of a health care professional approved by the Secretary of State to attend for a medical examination.
However, in each case, the tribunal has ALREADY determined whether there was limited capability for work. My understanding is that the Pathways provider should then make appropriate recomendations regarding clients work prospects, etc.
Was wondering if anyone has pursued this further or had a succesful JR decision, as it appears clear case of the JCP fettering its own discretion.