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ESA Medical
- tinep
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4 years 10 months ago #232812 by tinep
ESA Medical was created by tinep
Hi, My wife has been ill since 2000. Se has had a PIP assessment and is now on the higher rate. Six months ago she was asked to have a ESA assessment as part of her benefit is ESA. At first they insisted she went to an assessment, I objected to that because of her medical needs, This went back and forth with several emails to Committees and Amber Rudd. Everything went quiet Now with a weeks notice they want to do a home visit assessment. Can I object, she is 62 on the higher PIP rate, no chance of her every being fit for work and her sicknesses are long lasting. I thought there was a a statement on 29/Sept/17 that people with severe disabilities would be exempt from further assessments. Any help advice would be appreciated.
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- Gordon
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4 years 10 months ago #232813 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical
tinep
Claimants can be excused from future assessment but not without a further WCA being don to see whether they meet the criteria for this or not.
Realistically you are not going to avoid a face to face without the assistance of your wife's GP, they need to write to Maximus explaining, in unambiguous terms, that her attending one will pose a significant risk to her health or the health of others, they also need to be available if the assessor has any questions about your wife's conditions and limitations.
You don't say whether any previous appointments have been cancelled by you? If this is the first appointment then you can cancel it to get more time for her GP to respond but if it is not as your post suggests then she must attend or her file will be returned to the DWP and you risk her ESA claim being closed.
Gordon
Claimants can be excused from future assessment but not without a further WCA being don to see whether they meet the criteria for this or not.
Realistically you are not going to avoid a face to face without the assistance of your wife's GP, they need to write to Maximus explaining, in unambiguous terms, that her attending one will pose a significant risk to her health or the health of others, they also need to be available if the assessor has any questions about your wife's conditions and limitations.
You don't say whether any previous appointments have been cancelled by you? If this is the first appointment then you can cancel it to get more time for her GP to respond but if it is not as your post suggests then she must attend or her file will be returned to the DWP and you risk her ESA claim being closed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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