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Misleading Re-assessment Letter

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9 years 2 months ago - 9 years 2 months ago #130300 by firvulag
Misleading Re-assessment Letter was created by firvulag
Hi
My son who is autistic was put in the support group for 2 years, 2 years ago. ATOS called us on the day of the medical and said we didn't need to come as they had just read the paperwork (of which there was a lot). Right enough the support group letter came through very shortly afterwards.

We had hoped to be left alone for a bit longer with all the ATOS / Maximus chaos but we received at letter and ESA50 (04/14) today but...

1) It stated "If you currently receive Incapacity Benefit, Income support (on the grounds of illness or disability) or Severe Disablement Allowance......." and not that it was an ESA reassessment for someone who already gets ESA. In fact having ESA already was not mentioned. Really confusing as nothing to indicate if you are currently on ESA that you need to fill it in.

2) The return addresses are all ATOS but we have until 26 March to complete it by which time Maximus will have taken over.

3) Our son is 19, in full time education (college) with a lot of National Autistic Society support paid for by the local social work and still sees hospital consultants for his meds.

4) He recently re-qualified for indefinite DLA until there is a change of award.

Any advice. We are going to phone the DWP and keep details of the call. We are sort of resigned to doing the whole exhausting process again and sending in the ESA50 regardless of what they say on the phone so as not to give them any excuse (your guides are helpful).

We are also aware of the rule that says full time education + DLA/PIP = income related ESA.

We are a bit worried that this letter has just been automatically generated and any response will get lost in the changeover. Cant see how they can possibly do a quick review with such a big backlog.

Thanks in advance.

D
Last edit: 9 years 2 months ago by . Reason: Tick.

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9 years 2 months ago #130318 by Gordon
Replied by Gordon on topic Misleading Re-assessment Letter
DC

Although the letter is misleading (this has always been a problem with ATOS), it sounds as if this is a standard re-assessment letter and that you and your son need to complete the ESA50, you should be able to confirm this by contacting the DWP office that normally deals with his claim, unless the DWP confirm in writing that there is no need for the ESA50 to be returned you should assume that you need to.

At this time it is unclear how the DWP, ATOS and Maximus will manage the handover of claimants from one assessment organisation to the other, whilst this may cause problems for claimants until it actually happens we can give no advise other than to deal with the situation as usual, complete the ESA50 in detail and return it by the required date.

Please make sure that you use the latest ESA guides they have just been update to take account of some changed to guidance issued by the DWP. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have any questions then 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
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9 years 2 months ago #130366 by firvulag
Replied by firvulag on topic Misleading Re-assessment Letter
Yes - my wife called them today.

They said yes normal re-assessment and ATOS probably put in the wrong covering letter so no surprise. Already have the latest guides and went through DLA renewal late 2014 so have up to date info.

They claimed not to worry about things going missing. We'll its all going to go Royal Mail Special Delivery just in case.
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