esa assessment review date

Has anyone else been asked to fill in an esa50 form when there personal capability review date following an assessment in 2010 is 2013. The D.W.P. own guidelines state"We will write to customers when there benefit becomes due for reassessment" surely they are not following there own guidelines in this case.

The situation to which you have referred is not uncommon.

As has been said on many occasions in the forum, Atos seem to believe that the more a claimant is bombarded with ESA50 forms, the quicker their medical condition causing absence from work will dramatically improve? In the case of claimants with mental health problems, there is a strong likelihood that their health will only get (significantly) worse through the associated stress, and certainly not better.

Although it is of no real consolation in your current predicament, the only thing you can do is to fight fire with fire with Atos and/or the DWP. The best way to start is to complete an online ESA50 form and save it to your computer along with any additional sheets that may be attached to the form. Each and every time Atos wish to recommence the WCA, you can simply update the info on the previous ESA50 and additional sheets if necessary, and send the form to them.

I would also recommend that every time a claimant fails the WCA, they immediately reclaim ESA as well as lodging an appeal against the adverse decision, especially if there is a deterioration in a medical condition. The DWP may tell a claimant that they intend to stay the claim until the outcome of the tribunal hearing, but they are not entitled to postpone a decision on the claim in these circumstances. An immediate decision should be requested, and if it is disallowed for whatever reason, submit a further appeal against this decision.

I realise this procedure could be both physically and emotionally draining for claimants, but in my view it is the only way to hit back at the DWP/Atos to demonstrate the absurdity of ESA and everything that it entails.

Moderators Note : This was posted by Crazydiamond yesterday

mal9874 wrote:

Has anyone else been asked to fill in an esa50 form when there personal capability review date following an assessment in 2010 is 2013. The D.W.P. own guidelines state"We will write to customers when there benefit becomes due for reassessment" surely they are not following there own guidelines in this case.

If the PCA review date was 2013, then this is the date when you should be reassessed for conversion to ESA.

Have you received an ESA50 to complete? If so, and you are unhappy with the situation, you can always write to the DWP and/or Atos expressing your concerns about the failure to follow their own guidelines.

Mod edit: Please do not duplicate the same posts in different threads, as this causes problems for both members and moderators.

Thanks for the quick reply. I must add i have not been bombarded with esa50 forms to fill in. The last assessment was an ib50 form 2010 review date 2013 this is my first esa50. Your reply does not touch upon what i asked regarding DWP own guidelines being ignored any thoughts on that Thanks


M

The DWP would be ignoring their own guidelines, but the guidelines do not reflect any interpretation of the law as they are concerned solely with procedural matters.

If the DWP choose to ignore their own guidelines however and subject you to the WCA before the due date, this is tantamount to maladministration for which suitable redress may be available?

CrazyDiamond wrote:

I would also recommend that every time a claimant fails the WCA, they immediately reclaim ESA as well as lodging an appeal against the adverse decision, especially if there is a deterioration in a medical condition.

I'm puzzled, Crazy D.

Surely you can't start a fresh claim until six months after the last one has been rejected? Except where you have a new condition or a significant deterioration of the original.

Tempting as it might be to bombard DWP with paperwork to get one's own back, it seems pointless to submit a claim which will be rejected out-of-hand because it falls outside the regulations.

But I do agree that if, while waiting for your appeal, your health condition gets worse, then it makes sense to inform DWP (and get ready to send off your updated ESA50).

Andy.