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ESA Reassessment

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5 years 3 months ago #224206 by bmeenan
ESA Reassessment was created by bmeenan
Hi, my wife is currently in the Support Group and has received a new ESA50 to complete.
I believe all of the criteria for her not to be reassessed are currently there and were there when the last form was filled in a few years ago. Are HCPs only allowed to not reassess once a new ESA50 is completed (ie after the legislation was introduced) or is it worth a phone call to the DWP? Any help would be appreciated- thank you

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5 years 3 months ago #224223 by Gordon
Replied by Gordon on topic ESA Reassessment
barney1

There was no legislation change it was a change to the DWP's operational procedures, this is important as it means that any decision not review is not challengeable.

The change was introduced last year and claimants need to have a further assessment before any decision on this will be made.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 3 months ago #224295 by bmeenan
Replied by bmeenan on topic ESA Reassessment
Hi Gordon, I carried out lots of research but just couldn't find the answer to that question anywhere- so a big thank you :) Do you have any thoughts on how this consideration can be clearly shared in the ESA50 - just to ensure that the HCP / DWP are "reminded" that they need to consider it. I will be sending quite a lot of very good supporting information and I suspect that most of it will unfortunately be unread - but maybe I'm being a little too cynical :)

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5 years 3 months ago #224316 by Gordon
Replied by Gordon on topic ESA Reassessment
barney

There is nothing to stop you including information about how your wife meets the criteria for being exempted from future reassessment. The DWP guidance is available from the following

www.disabilityrightsuk.org/news/2017/oct...assessment-published

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 3 months ago #224366 by bmeenan
Replied by bmeenan on topic ESA Reassessment
Thank you Gordon, much appreciated- will give it a go and see how we get on.

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