ESA prognosis time and early form

I have read some posts and blgos stating that people can get forms early.

What I want to know is does the prognosis time legally mean anything?

I was awarded ESA WRAG last year oct 24th. For a period of 1 year.

In Jan 2013 it was changed to SG.

9 days ago 1 june I got a ESA50 form, which is 19 weeks early almost 5 months.

So...

How good is me sending evidence eg. such as "ATOS have already decided I am unfit for work during this time period therefore I satisfy the WCA criteria for limited capability to work" and "A decision maker has also decided I have limited capability of work related activity during this time period"?

Finally is it possible the decision maker that moved me to the SG also reduced the reassessment time? by possible I mean has it been known to happen rather than does legislation allow it.

Finally is a decision delayed until the end of the prognosis (seems unlikely), if not I guess a 12 month progonosis is really 6 months and a 6 month prognosis yields an almost immediate new ESA50?

I am asking these questions as 19 weeks is a very large time gap and some people seem to state they dont get their forms early.

Hi Chris,
I just wanted to let you know that I got my form at the beginning of May and my reassessment date was supposed to be mid September, which is about 18 ish weeks (I think). I believe they can send the forms out whenever they feel like it, any time after 3 months.

Chris29 wrote: I have read some posts and blgos stating that people can get forms early.

What I want to know is does the prognosis time legally mean anything?

I was awarded ESA WRAG last year oct 24th. For a period of 1 year.

In Jan 2013 it was changed to SG.

9 days ago 1 june I got a ESA50 form, which is 19 weeks early almost 5 months.

So...

How good is me sending evidence eg. such as "ATOS have already decided I am unfit for work during this time period therefore I satisfy the WCA criteria for limited capability to work" and "A decision maker has also decided I have limited capability of work related activity during this time period"?

Finally is it possible the decision maker that moved me to the SG also reduced the reassessment time? by possible I mean has it been known to happen rather than does legislation allow it.

Finally is a decision delayed until the end of the prognosis (seems unlikely), if not I guess a 12 month progonosis is really 6 months and a 6 month prognosis yields an almost immediate new ESA50?

I am asking these questions as 19 weeks is a very large time gap and some people seem to state they dont get their forms early.

Hi C29,

We have been seeing this quite a lot recently, where claimants have been receiving new ESA50's 4 to 5 months before the end of a prognosis on an existing award.

Even though any prognosis is only a recommendation, and forms no part of an ESA award, and is therefore non appealable, unlike DLA awards that come with a fixed period for the award, e.g. 2 years, 3 years, etc,etc, where you can appeal the actual length of the DLA award, as well as the level of any components.

The prognoses are there for a reason, and generally one should expect to receive a new ESA50 approximately 8 weeks or so before the end of a prognosis.

You could try e-mailing ATOS : customer- relations@ atoshealthcare.com to inquire whether they have received a re-referral from the DWP to instigate a reassessment, you can also ring the number on your ESA award letter, and query why your reassessment has begun so early.

Further ATOS contact details are on their website :

www.atoshealthcare.com/claimants

I would still continue to fill in the ESA50, and return it by the deadline given, unless you receive written notification to the contrary.

As you may be aware they are now issuing different ESA50's,

If it is the new ESA50 01/13, it can be downloaded from the link on this page :

Using The PDF Version Of The ESA50 Questionnaire

It should be filled in whilst referring to the appropriate ESA Claims Guides on this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

If you are to phone the DWP, take the comments in my post here into account :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=98226#105569

It would be The WCA Team that you would need to speak to in The Benefits Office dealing with your ESA.

bro58

mumsgirl wrote: Hi Chris,
I just wanted to let you know that I got my form at the beginning of May and my reassessment date was supposed to be mid September, which is about 18 ish weeks (I think). I believe they can send the forms out whenever they feel like it, any time after 3 months.

Hi mg,

You are correct, legally a claimant can be reassessed anytime after 3 months.

However, these very early reassessments are becoming a trend, and members can challenge them asking for reasons if they feel that they should.

It is unfortunate that beside complaining to one's M.P., "legally" you cannot do much about it if they dig their heels in and insist on you completing the ESA50 and returning it by the deadline.

bro58

Hi C29,

Just to add,

If you were placed into The SG in Jan 2013, as a result of a reconsideration, this SG award would be backdated to the time of the original WRAG award, which seems to be October 24 2012.

With a 1 year prognosis, your reassessment still seems to be early.

bro58

I have found out whats happened, I think its fraud but what do you guys think.

At first they wouldnt say why I have this early review but eventually they admitted they backdated my decision date from oct 24 to my WCa date which was in july.

So basically they changed my decision date when I was moved to SG.

So I guess the new question is can the DWP do things like move the decision date legally?