2 Year Wait!

Natt

There are more problems to this than meet the eye.

The ESA Descriptors and Regulations were updated in January 2013, normally an ESA50 completed before the change would be assessed using the "old" rules, but there was a cut off period for this to happen within and you are way past this, so although you completed it using the "old rules", you will be assessed under the "new ones".

Obviously you should gather what evidence you can in regard your current health, but I would recommend that you also fill in a new ESA50 using our current Claim guides. You can download an ESA50 from the GovUK site, see the following.

Using The PDF Version Of The ESA50 Questionnaire

and

www.benefitsandwork.co.uk/help-for-claimants/esa

As soon as possible send a copy of the information to the ATOS where you are to be assessed. I would send a copy of all the information to the DWP office dealing with your claim and take a full copy to the assessment and ask the assessor to read it before proceeding, they are required to do this under section 3.1.2. of the WCA Handbook.

If you feel that you would struggle to complete a new ESA50 before the appointment, then I would contact the DWP and ask them to have the interview deferred until a new ESA50 can be completed, you can use the time since the original one was completed, the new diagnosis's and the change in the law as Good Cause. You will need them to contact ATOS. You may need to escalate this to a manager, which normally requires a call back.

If they refuse, then you should make an immediate complaint

Complaining to the DWP

and contact your MP

Contacting your MP

Gordon

Natt

The ATOS assessor and the DWP Decision Maker cannot take account of your change in condition if they are not aware of it in detail, there will not be time and possibly the opportunity to explain how you now are in the face to face assessment so it is essential that information of the changes are available before the interview occurs.

So yes, you should send the new form to ATOS and the DWP and take a copy to the assessment.

If you are unable to complete the form before the appointment then you have two choices, persuade the DWP to have the appointment deferred, the advantages to this are that it will not count against you and there will be evidence that the DWP accepted your concerns in regard to the length of time since the original ESA50 was submitted. The downside is that the chances of success are low, but I still thin it is worth doing.

The second option, which you may have to take in the end, is to re-arrange the appointment, providing that this is your first appointment with ATOS you can do with no fault to you, but you need to be aware that you will not be able to move or re--arrange any second appointment without placing your claim in jeopardy.

You are already at a disadvantage due to the delay in arranging an appointment, so we are trying to achieve to things; make sure you get the right Decision at the outset, but if you do not, position yourself for a quick and easy appeal.

Gordon

Natt

Your first call should be to the DWP, ask to speak to a manager, this will require call back which probably won't now happen until Monday. You need to explain that due to the considerable delay (two years) the ESA50 you completed is no longer reflective of your current health problems, you are completing a new form and collecting evidence but you will be unable to do this by the date of the appointment, so you want them to contact ATOS and defer the appointment. Their failing to do this will place you at a considerable disadvantage as it will not be possible to explain the changes during the limited time that the interview will allow, this would be discriminatory, make sure you take note of the name of the person you are talking to and the date and time of the call.

In parallel, work on the new form and evidence and send it to ATOS and the DWP with a letter explaining why you have done this.

If the DWP do not agree to move the appointment at no fault to you, then you will have to contact ATOS and do so your self, you are only allowed two appointments so your doing this will count as your first appointment. This means that you cannot move the second one and must attend or ATOS will return your file to the DWP who may then close your claim for failing to attend.

Also, if the DWP do refuse to move the appointment then I would make a formal complaint to them and contact your MP about the matter, using the links post previously.

Gordon