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ESA review date
- panther50
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10 years 3 months ago - 10 years 3 months ago #115469 by panther50
ESA review date was created by panther50
HI I received a decision for my ESA in Feb last year putting me in the WRAG (although I didn't receive the ESA72 decision form until a few months later). On my ESA72 decision form it clearly says my case is due to come up for review 22/02/14. Although it does say they may contact me sooner if anything changes...Nothing has changed but I was sent a new questionnaire to fill out on on 24/12/13 (Happy Christmas!!) When I questioned it with the DWP they said they allowed 2 months for ATOS to process the info. Can they do this? I was passed for a year, but in the end with a late decision and early review its been less than 8 months. The last actual ATOS assessment took place in Dec 2012.
Last edit: 10 years 3 months ago by Gordon.
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- Gordon
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10 years 3 months ago #115474 by Gordon
I am afraid that they can, the re-assessment date is not part of the Decision and is purely advisory, it is standard practice to issue a new form about two months before the stated re-assessment date.
You should treat this new form as if it was your first and complete it in detail and provide any evidence that you have available in regard to your conditions.
Please be aware that the ESA Descriptors and Regulations were updated in January 2013 so you should make sure you use the latest guides
www.benefitsandwork.co.uk/help-for-claimants/esa
If you have any questions, please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA review date
panther50 wrote: HI I received a decision for my ESA in Feb last year putting me in the WRAG (although I didn't receive the ESA72 decision form until a few months later). On my ESA72 decision form it clearly says my case is due to come up for review 22/02/14. Although it does say they may contact me sooner if anything changes...Nothing has changed but I was sent a new questionnaire to fill out on on 24/12/13 (Happy Christmas!!) When I questioned it with the DWP they said they allowed 2 months for ATOS to process the info. Can they do this? I was passed for a year, but in the end with a late decision and early review its been less than 8 months. The last actual ATOS assessment took place in Dec 2012.
I am afraid that they can, the re-assessment date is not part of the Decision and is purely advisory, it is standard practice to issue a new form about two months before the stated re-assessment date.
You should treat this new form as if it was your first and complete it in detail and provide any evidence that you have available in regard to your conditions.
Please be aware that the ESA Descriptors and Regulations were updated in January 2013 so you should make sure you use the latest guides
www.benefitsandwork.co.uk/help-for-claimants/esa
If you have any questions, please reply to this post and we will do our best to help.
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.
- panther50
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10 years 3 months ago #115763 by panther50
Replied by panther50 on topic ESA review date
Thanks for that helpful reply Gordon, I hadn't realised the descriptors had changed. I have a form that is ESA50 10/13 this time and I've just noticed another change on this form compared to my last.- Q1 says how far can you move safely and repeatedly without needing to stop? 50m or 100m or 200m or it varies. The sitting/standing question now combines the time for both. My condition varies, but should I also tick the box which applies to how far I can walk eg before I ticked yes to 50m but no to 200m as well as it varies and whereas before I ticked less than 30min for just sitting now it would be slightly longer 30min-one hour for sitting and standing together?
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- panther50
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10 years 3 months ago #115769 by panther50
Replied by panther50 on topic ESA review date
Sorry that last bit should've read I ticked no for standing or sitting for at least an hour on the last form, this time they've added more options: less than 30min, 30- 1 hour, more than an hour and it varies. As usual I'm getting quite stressed about filling it in!
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- Puccalove
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10 years 3 months ago #115770 by Puccalove
Replied by Puccalove on topic ESA review date
Gordon may have a different view but I feel the tick boxes can be a trap. If there isn't a box that accurately describes your circumstance I would not tick one and explain why in detail in the box below.
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- Gordon
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10 years 3 months ago #115772 by Gordon
Completely agree, just mark them "see below" and explain your limitations in the comments box and/or additional sheets.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA review date
Puccalove wrote: Gordon may have a different view but I feel the tick boxes can be a trap. If there isn't a box that accurately describes your circumstance I would not tick one and explain why in detail in the box below.
Completely agree, just mark them "see below" and explain your limitations in the comments box and/or additional sheets.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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