esa

can anyone help,i recently passed the work capability assessment on the 17/03/2011.they sent me a letter to say i no longer need to provide further medical evidence from my doctor.but june just gone they have sent me the form esa50 2 fill out, and they said i may have to have a assessment at atos healfcare(AGAIN)is this right so soon after passing the last wca.

I'm afraid you can be called for a further WCA at any time, even though it is only six months since you were last subjected to the WCA.

It is likely that the approved disability analyst may have suggested that a return to work could be considered in six months, hence the issue of another ESA50.

hi,thanks for info,so its poss i could go on one every month if they like,ps it was only 4 months that i passed it,(maybe they will keep doing it till i dont pass,)thanks

rave wrote:

hi,thanks for info,so its poss i could go on one every month if they like,ps it was only 4 months that i passed it,(maybe they will keep doing it till i dont pass,)thanks

Hi Rave

The law allows the Secretary of State to reassess claimants at a time of his choosing, so technically the answer to your question is yes!

Mathematically speaking, if you have a 50% chance of of passing the WCA, your chances of passing 2 tests are reduced to 25%. Your chances of passing 6 are reduced to 1.56%. A 90% chance of passing would reduce to 53.14% after 6 tests.

I'm not for a moment suggesting that this is the DWP's plan but clearly repetitive testing effectively reduces the number of claimants who qualify for ESA. Whilst at the same time it drastically increases the number of appeals in the system at huge cost to the taxpayer.

That said, DWP decision makers have an obligation to follow their guidance and should reassess you at your review date. I far as I am aware, this is either 3, 6, 12, 24 months or longer. I don't know of anybody who has been reassessed within less than 3 months so I'm afraid you have been given a harsh review date.

Good luck

Derek

It is always important to read the medical report and see the prognosis advice. If the advice is nonsense, for example, it is obvious there is no therapy in place or planned that could change your situation, and the cvhances of spontaneous or progressive recovery (without treatment ) is slim, then the claimant ought to go to their MP and complain, that without proper reason they are being harassed by the assessment process

Whilst a certain amount of medical judgement and discretion is allowed to the HCP's they do have to follow set down protocols.

The danger is that repeat medicals in a short time ( every few months) builds up a body of evidence and if conducted by several different HCP's over time, may carry a lot of weight at a later appeal tribunal.

The other (helpful to welfare reform) consequence, is that it deters peopl;e staying on benefits . That is of course wrong but it is a consequence for rather a lot of people

Derek4 wrote:

rave wrote:

hi,thanks for info,so its poss i could go on one every month if they like,ps it was only 4 months that i passed it,(maybe they will keep doing it till i dont pass,)thanks

Hi Rave

The law allows the Secretary of State to reassess claimants at a time of his choosing, so technically the answer to your question is yes!

Mathematically speaking, if you have a 50% chance of of passing the WCA, your chances of passing 2 tests are reduced to 25%. Your chances of passing 6 are reduced to 1.56%. A 90% chance of passing would reduce to 53.14% after 6 tests.

I'm not for a moment suggesting that this is the DWP's plan but clearly repetitive testing effectively reduces the number of claimants who qualify for ESA. Whilst at the same time it drastically increases the number of appeals in the system at huge cost to the taxpayer.

That said, DWP decision makers have an obligation to follow their guidance and should reassess you at your review date. I far as I am aware, this is either 3, 6, 12, 24 months or longer. I don't know of anybody who has been reassessed within less than 3 months so I'm afraid you have been given a harsh review date.

Good luck

Derek

your sums are wrong he has as much chance of passing as last time ..the more often you are tested does not affect the maths there are two results from taking a test pass or fail
its like the lottery buy one ticket chances of winning 14,000,000 to one buy another 14,000,000 to one


now did I get the esa and lottery mixed up and its a 14,000,000 to 1 chance of passing the esa and 50/50 the lottery