ESA 50 enquiry

Hi I'm a new member and wanted to know if the Dwp don't have a copy of Esa50 questionnaire how are they able to reach a decision from assessment only
Thanks in advance

Hi,

Welcome to Benefits and Work

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I am not quite sure of the context of your query.

The DWP Decision Maker (DM) is not medically qualified, this is why ATOS are contracted to carry out all the medical assessment side of The ESA WCA.

A claimant is referred to ATOS by The DWP, who then post out the ESA50 to the claimant.

The claimant then returns the ESA50 to ATOS who make the assessment with or without the need for a face to face. (medical)

ATOS then compile a medical report making recommendations as to whether the claimant should be found fit for work, placed into The WRAG or placed into The SG.

These recommendations are then returned to The DWP with the claimant's file including the ESA50.

The DWP DM then makes the decision on the balance of probabilities taking all the evidence before them, including the ESA50 and any medical evidence provided by the claimant, into account.

Please reply to this topic if you have further queries.

bro58

Thanks for the explanation

I've received my letter from decision maker today and im not being awarded any thing. I had 12 points at assessment. Neither the decision maker or Atos assessment professional had a copy of ESA50. I feel they couldn't have had a proper picture of how I am effected.

mnth69 wrote: Thanks for the explanation

I've received my letter from decision maker today and im not being awarded any thing. I had 12 points at assessment. Neither the decision maker or Atos assessment professional had a copy of ESA50. I feel they couldn't have had a proper picture of how I am effected.

Hi m69,

An ESA50 is not absolutely necessary for a decision on The ESA WCA to take place as you had a face to face assessment, although it is obviously desirable.

Why was your ESA50 not available, was it lost ?

You could argue that the The DM did not have all evidence at their disposal, but you will still have to show that you meet the qualifying criteria for The WRAG and/or The SG :

Qualifying for the WRAG

Qualifying for the Support Group

You should also have a read through our ESA Appeals Guide, and our ESA Claims Guides on this page :

ESA Claims Guides

See also : ESA FAQ’s

You now have one month from the date of the fit for work decision notice letter to request a Mandatory Reconsideration. (MR)

You will also have to obtain a fit note/sick note from your G.P., to cover you from the date of the fit for work decision.

You will not receive any payment of ESA whilst the MR is taking place, so if you have no other means of income, you may have to sign on for JSA.

If you do this, and the MR is unsuccessful, you can appeal directly to The Tribunal Service (TS) and payment should be switched back to ESA at the assessment rate.

If you are to request an MR over the phone, I strongly advise that you back up this verbal request in writing, making it absolutely clear that you are formally requesting a Mandatory Reconsideration of the adverse fit for work decision.

See : Sending Documents to the DWP or ATOS

See also : Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

&

MOJ Video of ESA Appeals Process and Tribunal

I hope this helps, and you might want to Bookmark/Favourite this page in your internet browser.

You can then return to it easily if you wish to pose further queries.

bro58