× Members

ESA50 Form

More
5 years 3 months ago #224780 by CAP
ESA50 Form was created by CAP
Hi Gordon,
I've just received an ESA50 form to fill in which has taken me a little by surprise as I thought they might be leaving me alone being as I haven't heard anything from them for over 3 years,but I guess it was going to happen at some point.I'm just a little surprised that I have to fill the form in all over again.I thought it might have just been some sort of review process?
Anyway, I've recently applied for PIP and IIDB being as my medical condition stems from an accident that I had at work over 5 years ago and I still have a legal claim going on against my former employer which that alone is grinding me down.
what I'm wondering is should I just replicate some of the answers from my PIP application as obviously the questions are very similar? My only concern is with not knowing which way my PIP application is going to go ,but I've put the same sort of answers on my PIP application
from what i put on my IIDB form and also included the same medical evidence on both things. So the DWP must obviously be aware of my IIDB and PIP applications and it's safe to say that these are based on my medical condition as I am now compared to what my medical condition was 3+ years ago. It was a nightmare trying to get into the support group in the first place,but being as i'm already in it,will that make any differnce on the decision for me staying in it or will it be looked at as if i'm just somebody claiming for the first time?
Thanks
CAP

Please Log in or Create an account to join the conversation.

More
5 years 3 months ago #224791 by Gordon
Replied by Gordon on topic ESA50 Form
CAP

I'm afraid you cannot assume that the ESA team know about your PIP or IIDB claims, the likelihood is that they don't.

Although there are areas of crossover between ESA and PIP, even where there are the criteria can be quite different so I would be very cautious of copying content from your PIP form to the ESA50.

Have a look at our ESA Claim guides to help you complete the form.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

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

Please Log in or Create an account to join the conversation.

More
5 years 2 months ago #226628 by CAP
Replied by CAP on topic ESA50 Form
Hi Gordon,
I'm still in the process of filling in the ESA50 form as i've got an extension on the time for returning it as well as the other forms,but this one needs finishing first and I've well and truly had enough of them all now ,but I'm ploughing through them slowly. Just a quick question though please - Can I quote Regulation 35 on the ESA50 form or do I have to go through all of the other motions before this can be used?
I'm pretty convinced this is what got me into the support group from wrag back in 2015,but that only came into play via a supersession letter from the CAB and even then they were trying to talk me out of submitting it due to the risks,but I did & I got the result that I was after.
I originally got 0 points ,MR 0 points ,appeal 15 points wrag, it drove me crackers having to go to work focused interviews every week & being made to sit an english & maths test,so I won't even go there, although to be fair the people that were there kept telling me that I really shouldn't be in that group.. So do I have to go through all of that again before I can quote Regulation 35?
My health condition is much worse now than it was back then & i'm 100% convinced that Regulation 35 still applies to me.
I've written everything on paper ready to then fill it in on the form ,so i'm just not sure if this is the right place to quote Regulation 35 or not.
Thanks for all of your help already with my other forms
CAP

Please Log in or Create an account to join the conversation.

More
5 years 2 months ago #226636 by Gordon
Replied by Gordon on topic ESA50 Form
CAP

I am very concerned that you have said that you have been given an extension for completing the ESA50!

There is no extension available for returning the ESA50 and the staff in the ESA call centre do not have authority to allow a Late return.

How late are you?

You should certainly explain how you meet the Substantial Risk Regulations but you will need up to date evidence to support your testimony, unlike the Descriptors, there is no on-going assumption of disability for the Regs.

Gordon

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

Please Log in or Create an account to join the conversation.

More
5 years 2 months ago #226643 by CAP
Replied by CAP on topic ESA50 Form
Hi Gordon,
Now you've got me being a bit concerned.I rang up on the 19th as it should have been returned by 22nd. I really hope I haven't been seriously mislead. I was told it would be fine and it's a good job that I'd phoned them up as I was told that it takes 9 days to get to them anyway from when it arrives at the mail handling unit which to be honest I thought it was strange taking that long being as she explained that the paperwork gets scanned over to them.
I didn't write down the womans name,but I wrote down the exact time that I called them.
Looks like I'll be on the phone first thing in the morning then as it's never going to be done by tomorrow anyway & even if it was it obviously still wouldn't be there by tomorrow.
CAP

Please Log in or Create an account to join the conversation.

More
5 years 2 months ago #226647 by Gordon
Replied by Gordon on topic ESA50 Form
CAP

Your responsibility is to return the form to the required address by the required date, any "activities" that happen to the form after it is received are not part of the time that you are given to complete the form.

Just so you are aware, the ESA forms are returned to Maximus so there is no nine days for them to get to the right office.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.