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Are Decisions Not Long Term Now?

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8 years 2 months ago #149787 by Libra-gully
Are Decisions Not Long Term Now? was created by Libra-gully
Hi there,

I need to start by saying how grateful I am to this website in the lack of any other help. Thanks.

In 2013, I was put in the support group after being on Incap Ben since 2000 when I left work at age 33 due to ill health.

I was under the impression that the approval in 2013 was indefinite, but today I received a new application in the post saying I needed to complete and return.

My question is simple. Is this right/normal?

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  • bro58
8 years 2 months ago - 8 years 2 months ago #149797 by bro58
Replied by bro58 on topic Are Decisions Not Long Term Now?
Hi,

Welcome to Benefits and Work Forum :)

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions in this FAQ :

My full name is showing, how can I stop it?


Theoretically ESA is awarded indefinitely, (open ended)

However, in reality, each ESA awarded comes with a recommended period (The Prognosis) before it is reassessed.

See : How often will I be reviewed

From our : ESA FAQ’s

The ESA decision notice letter that you receive after a decision, does not include the prognosis.

Normally, the longest period between re-assessments is 3 years !

So, yes, it would be normal to have to go through regular periodic re-assessments.

Just to make you aware that : The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15 now carry out ESA Assessments/Re-Assessments.

There have not been any changes to ESA Legislation since January 2013, however you should always use our most current Guides.

There have been some changes to The ESA50 itself.

Now that you have The ESA50, you may want to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides on this page, 2nd & 3rd links down :

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 Maximus. (aka CHDA, aka HAAS.)

You should treat this re-assessment as if it was your first assessment and not assume that The Assessor will have access to any of your previous evidence. They may not even know that you are currently in The SG, so you should make it clear that you are.

It is therefore important that you reiterate how and why you still qualify for The SG, in that the limitations that you suffer as a result of your medical conditions have not changed nor diminished to such an extent that you no longer qualify for The SG.

Nor have you learned to deal with or adapt to your limitations since your last assessment.

If you are aware how and why you were placed into The SG last time, you could cite that also.

If you want to obtain fresh evidence such as a letter of support from your G.P., obtain it yourself and post it with the ESA50.

Do not rely on Maximus/DWP contacting your G.P. , even if you request that they do so.

They seldom do and are not legally obliged to do so.

You might want to Bookmark/Favourite this page in your Internet Browser. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

bro58
Last edit: 8 years 2 months ago by bro58.

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8 years 2 months ago #149807 by Libra-gully
Replied by Libra-gully on topic Are Decisions Not Long Term Now?
On the basis of treating it as a new application, does one have to send off 'any supporting evidence' again or do they at least have that on record?

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8 years 2 months ago #149810 by Gordon
Replied by Gordon on topic Are Decisions Not Long Term Now?

Dave Green wrote: On the basis of treating it as a new application, does one have to send off 'any supporting evidence' again or do they at least have that on record?


It's very unlikely that those assessing you will have any access to the information that you sent before so you need to include it with this new ESA50, also, although you can use old evidence, you will need to show that it is still applicable to your current limitations, if you can you, should try and get new reports and letters.

Gordon

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

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8 years 2 months ago #149831 by lester
Replied by lester on topic Are Decisions Not Long Term Now?
Since the changes to the benefits system began my GP has been very supportive,he has provided me with 2 letters of support in the past which have went a long way to me being placed in the SG ESA and enhanced rates for both personal care and mobility.

I was speaking to him at an appointment a few weeks ago and mentioned I was coming to the end of my 3 years on ESA , also I would be reassessed for PIP in December this year and would he be willing to provide an updated letter of support.

I was somewhat taken aback when he said he would not be doing anymore letters, all I had to state was the previous letters are still valid and my condition remains the same and that my medication list is enough confirmation of this, he also said it was about time they carried out the checks with GPs etc themselves.

I would hate to think my chances of remaining on my benefits are going to be put at risk by not having an uptodate letter of support, in a funny way I can see where my GP is coming from.

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8 years 2 months ago #149837 by Gordon
Replied by Gordon on topic Are Decisions Not Long Term Now?
Lester

Unfortunately the DWP do not share your GP's views, in their minds any condition is recoverable from.

Gordon

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

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