Timescales between ESA tribunal win and repeat ATOS medical requested by DWP please. Also statistics on finacial support for ESA decision appellants please

Department for Work and Pensions did not have the information requested.

Dear Department for Work and Pensions,

Please supply statistics on the number of INCOME BASED ESA claimants (both as a total number and also as a percentage of all claimants) who have been refused any further financial support following a second ATOS medical assessment in cases where they have won an appeal at a tribunal in the existing claim. To clarify the cases I am specifically interested in is where a claimant has been refused ESA, apppealed, and then been awarded ESA by a tribunal, and where the DWP has followed this up with a second medical assessment and refused ESA and refused to make any further payments whilst the claimant goes through a repeat appeal process.

Please also supply statistics on the shortest time in days, (and for completeness the longest and average times) between a claimant winning an ESA appeal at tribunal and being subjected to a second ATOS medical assessment.

DWP states this it is within the current legislation to refuse continued payment during a repeat appeal process. Please could you supply a copy of the exact clause which permits the DWP to refuse any financial support for previously successful tribunal winner under these circumstances.

As a specific example: A claimant fails an ATOS medical and appeals and wins at tribunal so is awarded ESA, DWP request a new medical which the claimant fails as in the first due to the fact that the criteria do not cover complex medical issues. This means no further payments are required to made by DWP even if the claimant appeals this second decision for the same reasons as the first.

Yours faithfully,

Mrs Hammond

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DWP Adelphi Freedom-of-Information-Request, Department for Work and Pensions

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Dear Mrs Hammond

Please see attached response to your FoI request.

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Central FoI Team

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Mrs Hammond left an annotation ()

DWP State this situation would not happen. However finding myself in exactly that situation I disagree. DWP state statistics between medical and tribunal are not available. I actually asked for time between winning tribunal and request of new medical which is not the same thing. DWP have rearranged the wording of the request.

SusanWright left an annotation ()

The exact same thing has happened to my daughter. She was six months waiting for her tribunal, and now six months later she has been asked to attend another medical, the very day after she is attending an assessment for autism.

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