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ESA renewal questionnaire
- delavine
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10 years 3 months ago - 10 years 3 months ago #116052 by delavine
ESA renewal questionnaire was created by delavine
Hi, I'm new to the forum and was wondering if anyone is or has had this experience with atos/dwp ...... On the 20th of Feb 2013 I attended a tribunal hearing and the decision to put me in wrag was overturned by the judge , I was placed into the support group and on the decision notice was a paragraph stating that regulation 35 (2)(b) of ESA regulations 2008 applied to my case , also that the tribunal recommended that DWP does not reassess me within 18 months of this notice, I have no idea what any of this means and would be very grateful if someone could tell me, today I have received an ESA questionnaire and have been told that I must return it within 3 weeks, my partner telephoned DWP explaining about the tribunal decision notice and asked why they were reassessing me so earlier, they were very unhelpful and rude and told him if It wasn't completed and returned I would lose my benefits, if anyone could give me some advice I would be very grateful as I am terrified I will lose my benefits
Last edit: 10 years 3 months ago by Gordon.
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- Gordon
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10 years 3 months ago #116062 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA renewal questionnaire
delavine
Let me deal with questionnaire first, you can challenge the issuing of a new form earlier than recommended by the Tribunal but the period is usually taken from the date of the Decision that you appealed rather than the date of the actual Tribunal, so you may actually have had your 18 months.
Whatever you decide to do, unless you have written confirmation from the DWP that you do not need to complete the form, then you must assume that you do, and that it needs to be returned by the required date.
Regulation 35(2)(b) means that the Tribunal panel believed that there was a danger to your health, or the health of others, if you were required to participate in Work Related Activity, this is known as you meeting one of the Exceptional Circumstances, whilst this was good in terms of your Tribunal it is not necessarily the case for a renewal.
First of all it means that the panel did not believe that you met any of the Support Group Descriptors, although it is possible that you met one or more of the WRAG ones, as the EC's are the last Regulation that they will consider.
Secondly, the burden of proof for the Exceptional Circumstances lies wholely with the claimant and any evidence to support such a claim must be current, in other words the evidence you presented last time will be insufficient to prove your case again, at least in terms of 35(2)(b).
Finally you need to be aware that the ESA Regulations and Descriptors were changed at the end of January 2013, so you need to refer to our latest ESA guides to complete this new form.
www.benefitsandwork.co.uk/help-for-claimants/esa
If you have any questions on the above or completing the ESA50, then reply to this post and we will do our best to help you.
Gorodn
Let me deal with questionnaire first, you can challenge the issuing of a new form earlier than recommended by the Tribunal but the period is usually taken from the date of the Decision that you appealed rather than the date of the actual Tribunal, so you may actually have had your 18 months.
Whatever you decide to do, unless you have written confirmation from the DWP that you do not need to complete the form, then you must assume that you do, and that it needs to be returned by the required date.
Regulation 35(2)(b) means that the Tribunal panel believed that there was a danger to your health, or the health of others, if you were required to participate in Work Related Activity, this is known as you meeting one of the Exceptional Circumstances, whilst this was good in terms of your Tribunal it is not necessarily the case for a renewal.
First of all it means that the panel did not believe that you met any of the Support Group Descriptors, although it is possible that you met one or more of the WRAG ones, as the EC's are the last Regulation that they will consider.
Secondly, the burden of proof for the Exceptional Circumstances lies wholely with the claimant and any evidence to support such a claim must be current, in other words the evidence you presented last time will be insufficient to prove your case again, at least in terms of 35(2)(b).
Finally you need to be aware that the ESA Regulations and Descriptors were changed at the end of January 2013, so you need to refer to our latest ESA guides to complete this new form.
www.benefitsandwork.co.uk/help-for-claimants/esa
If you have any questions on the above or completing the ESA50, then reply to this post and we will do our best to help you.
Gorodn
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Puccalove
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10 years 3 months ago #116077 by Puccalove
Replied by Puccalove on topic ESA renewal questionnaire
I would put on the form that you were placed in the SG after appeal and why. I do not think the DWP have to take the tribunals recommendation about when to reassess.
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