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ESA renewal without ESA50?

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10 years 1 month ago - 10 years 1 month ago #118548 by Lucy Dale
ESA renewal without ESA50? was created by Lucy Dale
Hello,

I'm sorry if this issue has been dealt with before - I've had a look around the site but I can't find any specific references.

I'm currently in the Support Group and my claim is due for renewal. I was due to return my ESA50 some time ago (before the hallowed 20th January). I've been particularly ill recently (only out of bed for about 4 hours a day and unable to concentrate at all), and I simply haven't completed the form. I asked for an extension from the DWP, and was told to return it when I could.

I had been expecting a letter to give me a new deadline for returning it, warning me that my money would be stopped. However, this didn't happen. A few days ago I spoke to a decision maker who told me that I didn't have to return the form at all. Because I have mental health problems, they were going to try to get all the information they needed from my doctor. If they were unable to do this, I would be called in for a medical assessment with Atos.

Is this a regular thing? I've been looking online and on this site for some time but I can't find a reference to it. I'm worried because my GP has already written a "supporting letter" for me (at my request), and it is just one sentence long. It states that I have mental health problems including depression, and that's it.

I was hoping that I could find some guidance somewhere on what this letter would need to say in order for me to get my ESA renewed without an Atos medical. I know that phrasing is everything with the DWP, and it is likely that the outcome will hang on what words my doctor uses and which precise issues he refers to.

My problems are extremely broad and quite difficult to sum up. When I have completed my ESA50s and my DLA applications in the past, I have generally felt in was necessary to write about 2000 words for every question. It is because I can't summon the energy and concentration to do this now (and because I can't bare to compromise on thoroughness), that I haven't done my latest renewal form.

Does anyone here know anything about these circumstances (when the outcome of a claim depends entirely on a GP's letter), and what I should ask my GP to write?

Thank you very much,

Lucy Dale
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #118556 by Gordon
Replied by Gordon on topic ESA renewal without ESA50?
L

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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

To answer your question. There are very limited circumstances where a claimant will not be required to return the ESA50 in order for an assessment to progress, for example it is not enough for them to have mental health issues, they must be regarded as having severe mental health issues.

Whilst the DWP will look at the letter that your GP has written, they will make their Decision based on a request for information that they will make to your GP directly, this will be in the form of an ESA113.

Whilst you should make sure that your GP is fully up to date with your conditions and their impact on your daily activities, you should be cautious of telling them what to write as this may invalidate their report.

Although you have now been told by a Decision Maker that you do not need to return the ESA50, I would recommend that you request that this is confirmed in writing by the DWP, just to ensure that there is no problem because of this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 1 month ago #118568 by Puccalove
Replied by Puccalove on topic ESA renewal without ESA50?
Just to add, even though you have been told you do not need to return the form I think it may be pertinent to try to do so anyway. I worry that your GPs report may not be supportive enough based on your past experience. This may increase the likelihood of you having to go for a medical. Medical assessment reports are often inaccurate and the form gives you a chance to put your version in writing. But I would steer clear from writing too much as neither Atos nor the DWP will have much time to read it.
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10 years 1 month ago - 10 years 1 month ago #118576 by Lucy Dale
Replied by Lucy Dale on topic ESA renewal without ESA50?
Hello Gordon and Puccalove,

Thank you very much for replying to me so quickly! I'll certainly look into changing how my name appears if I make any posts in the future.

When I spoke about what I should ask my GP to write, I just meant, how can I advise him as to the best way to convey what he knows about me in the most relevant and effective way possible. It's quite likely he hasn't filled in one of these forms before, and I'm quite sure it will have been designed to conceal the significance of the questions, and how the answers will be interpreted.

I think the DWP might think I have severe mental health problems, which is why I believe it's possible I can get a renewal without a medical (I didn't need to have one last time). I do worry though, that left to himself, my doctor is not going to give enough detail (or provide the wrong details). So, unless there are guidance notes or something (like the superb and life saving ESA/DLA/PIP ones here), I should probably force myself to complete the ESA50.

Thank you Puccalove. You're right, I need to ensure Atos/DWP can find out all they need to know without interviewing me, and it looks unlikely this can be done via the ESA113. I'll try to limit how much I write, but I'm not great at controlling this :)

Thank you very much Gordon for letting me know the name of the relevant form (ESA113). I shall now google it.

Thanks and best wishes.
Last edit: 10 years 1 month ago by slugsta.

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10 years 1 month ago #118577 by Puccalove
Replied by Puccalove on topic ESA renewal without ESA50?
You could mention to your GP which descriptors you feel apply to you. However I would not put this request in writing as any future tribunal may want to see this and as Gordon says it could invalidate the evidence.
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10 years 1 month ago #118579 by slugsta
Replied by slugsta on topic ESA renewal without ESA50?
The ESA 113 is very basic, it does not ask any in-depth questions. You could give your GP a copy of the ESA descriptors and highlight the ones you feel apply to you but,as has been said, you should take care that you don't put words into his/her mouth as this could count against you if DWP query this.

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