General worries about reassessment for ESA and ESA50 form.

On 22/08/2024, I received a Capability for Work Questionnaire (ESA50). This has since caused me a considerable amount of anxiety, my mental state is much worse.

Last time, in around 2016, after sending in the form, I received zero points for everything (I suffer with depression/ anxiety). After Mandatory Reconsideration, the result was the same. I had to claim JSA and reclaim Housing Benefit/ Council Tax. I knew I was still not fit for work and could not have kept up with the demands of the Job Centre to prove I was making enough applications for work.

Attending the Job Centre was a nightmare, I was terrified of sanctions they seem to dish out in an arbitrary way. My GP had to keep writing fit notes, I opted to take the lower level of ESA while I waited for an appeal tribunal. It took a year before I was seen at tribunal: they upheld my appeal but I went from the Support Group to the Work Related Activity Group and had to be happy with that. Since then, I have been in fear of the DWP and have dreaded receiving another ESA50 form.

Since then, my diagnosis has changed to “Disthymia with Depressive Episodes” and also “Borderline Personality Traits”. My GP has referred me for adult neurodivergence (autism) testing, still on the waiting list. In 2019, I was diagnosed with Fibromyalgia by a rheumatologist.

I have had help from a local advice service with completing the ESA50 but I’m very nervous about sending it to the DWP. I don’t want to face the nightmare again and have some questions I need to ask. (I don’t want to be tripped up like last time.)

Last time, in my mandatory reconsideration, one reason for refusing the benefit was that, because I had had psychotherapy, I had “insight” into my mental state. Is this a valid reason and would they use it again?

My fibromyalgia can make my hands ache after holding a pen for a long time. Because I have completed the form in my own handwriting, will they say I can use a pen without difficulty?

Some thirty years ago, I suffered from an eating disorder and was hospitalised a couple of times. This took me ten years to recover from the worst symptoms but it still affects me today. It leads me to restrict my food intake and skip meals. Are they likely to discount this?

I also have sleep difficulties, I have what has been termed a “reversed sleep pattern” ie, unable to sleep at night and sleeping during the day. I underwent testing at a sleep disorder clinic, a few months ago, but am still waiting for the results. Would DWP consider this as something affecting my ability to work?

With the ESA50, I will send the report from my last appointment with the psychiatrist. This report doesn’t contain a description of how my condition limits my capability for work. Is it worth writing to my psychiatrist asking for a letter stating how my condition affects me re: work?

Is it possible to send additional information to the DWP after I have submitted my form?

Many thanks in anticipation of your reply.

Hi L Bowen,

Have you included the details of your restrictive eating/skipping meals in your review form? This is all interlinked with your mental health and relevant I think. I have lived with an eating disorder for most of my life but only quite recently got a diagnosis and subsequent referral. When I completed my ESA review last year I put in a lot of detail about how this affected me..
I don't think you should dwell too much on what happened last time although I know it is easier said than done. I had a successful paper review last year when previously I had been to tribunual twice- and scored 0 points.
And I think its ridiculous to not score you points because you have insight into your own mental health conditions- therapy is designed to explain and help us understand why we feel or do what we do. It doesn't just make it all go away.

Wishing you well,

Gaddy

Thank you for your reply. If my claim is refused, how long after this can I ask for mandatory reconsideration and how long does it take? Also, if I have to go on JSA, how long before I can go on the appeal rate of ESA if I appeal to tribunal? Sorry but it’s been so long since last time I can’t remember. Thanks.

Hi HL Bowen I have sent my Esa (Esa 50) review back in January and still waiting to hear back, there is a back log. Send in any paperwork that you have from any health assessment, Doctors, hospital , counselling, anything relating to your health
Make sure you photocopy everything
And send it by special delivery so you have proof of delivery
Good luck