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After a long wait your client wins their appeal and they are still considered 'sick'. However 3 weeks later the DWP call them for a new medical and start the process again. Is this correct? Yes, but normally not as quickly as this.

The government has issued guidance which gives some protection against a very quick restarting of the assessment process. It has accepted Dr Paul Litchfield’s 4th year review of the Work Capability Assessment recommendations 14 and 15-

Recommendation 14- to apply any Tribunal recommendations on review periods as the default and should only be altered where there is strong justification.

recommendation 15- the consideration of a minimum period between a successful appeal decision and a recall notice for a subsequent WCA unless therearegoodgroundsforbelievingthatanearlierreviewisrequired. The DWP now recommend a minimum of at least 8 months.

At your ESA tribunals, it may well be advisable to request that the tribunal considers the appropriate period before reassessment takes place and make findings on this.

To feel more confident in challenging Benefit decisions Click here for our

updated Benefit Appeals Course running in November. We use a real ESA case to examine the process. 

 

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