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ESA review fear & confusion

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5 years 3 months ago #224224 by leapoffaith
ESA review fear & confusion was created by leapoffaith
Hello.. I hope you can advise me.. I have twice asked for a copy of esa85/a reports after last 2 wca's.. The first time i received nothing & gave up.. The second time i just received a single photocopied sheet headed dwp saying i was placed in support group under schedule 3 regulations 19, 34.. The words 'Please refer for another wca in 18 months' are printed on the back.. In the bottom right hand corner each side of page has BF31 (DMACR).. Can you tell me what form this is & who by & thetefore how likely i am to be called on time which will be the beginning of March? Am i right in thinking tbis is not an esa85/a form?
Best wishes..

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5 years 3 months ago #224238 by Gordon
Replied by Gordon on topic ESA review fear & confusion
feelingdesperate

This is not the ESA85(A) that you request, a DMACR form is completed by the Decision Maker, there are several of these that are completed during (re)assessment process they usually do not hold any information that will be useful to the claimant. I'm afraid I can;t find out what a BF31 is specifically for.

Have you considered doing a Subject Access Request?

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 3 months ago #224245 by leapoffaith
Replied by leapoffaith on topic ESA review fear & confusion
Hello Gordon if this was written by a decision maker does it mean the 18 months is officially when i will receive another esa50?
Best wishes

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5 years 3 months ago #224262 by Gordon
Replied by Gordon on topic ESA review fear & confusion

feelingdesperate wrote: Hello Gordon if this was written by a decision maker does it mean the 18 months is officially when i will receive another esa50?
Best wishes


Whilst there is no reason that they should not reassess you in 18 months it's important to understand that the reassessment date is not part of the Decision and the DWP can initiate the process at any time after three months have elapsed since the Decision.

Gordon

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

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5 years 3 months ago #224278 by leapoffaith
Replied by leapoffaith on topic ESA review fear & confusion
Hello Gordon.. I am a liitle confused & apologise for more questions. I was assessed in 2017 & the 18 months will end on 11th March 2019.. I understand i can be assessed any time after 3 months had passed. What do you mean by it is not part of the decision. I thought a new esa50 was automatically generated/sent out on this recomeded date if not before? I thought peopke were then given a time up to 3 years?

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5 years 3 months ago #224281 by Gordon
Replied by Gordon on topic ESA review fear & confusion
feelingdesperate

ESA is an indefinite award with scheduled reassessment, the reassessment date is not part of the Decision, unlike a fixed term PIP award where it is, so the DWP are not bound by the date in your computer record, whilst it would be unusual for them to change the date, if they wish to assess you early or indeed later then they can do so and you cannot challenge them doing so.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: leapoffaith

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