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ESA REassessment
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9 years 2 months ago #130908 by article
ESA REassessment was created by article
Hi there,
I havent posted for quite a while now but recent changes to the SUPPORT GROUP have worried me deeply.
I think the changes came in february this year.
Im in the support group and have been for 3 years now on exceptional circumstances but I find now that the DWP have yet again moved the goalposts for mental illness.
Am I right in thinking to qualify for the support group NOW, I have to prove firstly I have either a track record of slashing my wrists or trying to commit suicide followed by other conditions which I previously passed but with being a risk to myself or others I have to have a track record of beating up or threatening people????????. And have a police record to show aswel.
I dont have bi polar but I am being treated for that now but it appears the DWP are saying this is not good enough anymore?????? I ask how on earth on a down period can I be expected to even go to work never mind work the same with attending courses etc etc.
It looks to me like only the very worst of the worst poor devils with mental conditions will ever be able to claim ESA.
What can I do, I fear for myself going forward.
Kind regards article.
I havent posted for quite a while now but recent changes to the SUPPORT GROUP have worried me deeply.
I think the changes came in february this year.
Im in the support group and have been for 3 years now on exceptional circumstances but I find now that the DWP have yet again moved the goalposts for mental illness.
Am I right in thinking to qualify for the support group NOW, I have to prove firstly I have either a track record of slashing my wrists or trying to commit suicide followed by other conditions which I previously passed but with being a risk to myself or others I have to have a track record of beating up or threatening people????????. And have a police record to show aswel.
I dont have bi polar but I am being treated for that now but it appears the DWP are saying this is not good enough anymore?????? I ask how on earth on a down period can I be expected to even go to work never mind work the same with attending courses etc etc.
It looks to me like only the very worst of the worst poor devils with mental conditions will ever be able to claim ESA.
What can I do, I fear for myself going forward.
Kind regards article.
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9 years 2 months ago #130941 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA REassessment
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It is important to understand that there have been no changes to the ESA legislation, Regulations or Descriptors, all that has changed is the guidance which is not binding on the assessor, Decision Maker or you.
Secondly have a look at the current ESA Claims Due to Mental Health Issues, pages 18-21, which explains the change in guidance, you will see that the words "indicator" and "indicates" are used throughout, these are not words that imply a black and white, yes/no recommendation by the assessor, they have to use their judgment and take a balanced view, based on the claimants assessment form and the evidence attached as to whether they meet the requirements or not.
I am not suggesting that this change to guidance has not made it harder for claimants and in particular women, to qualify through Regulation 35, but it certainly does not prevent it. As always it down to the claimant to provide a coherent explanation of their problems.
Gordon
It is important to understand that there have been no changes to the ESA legislation, Regulations or Descriptors, all that has changed is the guidance which is not binding on the assessor, Decision Maker or you.
Secondly have a look at the current ESA Claims Due to Mental Health Issues, pages 18-21, which explains the change in guidance, you will see that the words "indicator" and "indicates" are used throughout, these are not words that imply a black and white, yes/no recommendation by the assessor, they have to use their judgment and take a balanced view, based on the claimants assessment form and the evidence attached as to whether they meet the requirements or not.
I am not suggesting that this change to guidance has not made it harder for claimants and in particular women, to qualify through Regulation 35, but it certainly does not prevent it. As always it down to the claimant to provide a coherent explanation of their problems.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 2 months ago #130954 by article
Replied by article on topic ESA REassessment
Hi Gordon as ever the trusty person I love to answer my enquirys, many thanks indeed.
I still think reading those pages the DSS assessor will take one look and if you havent a track record of self abuse or suicide you will be relegated to the group below support.
Could I please ask you, can I at any time ask for a explanation as to how I passed and got into the support group. ????? Is there a record/form showing your scores etc etc.
Im thinking it is the exceptional circumstances condition I pass but maybe I have enough points aswel. Ive never had a medical with them.
But do you think this would prejudice my chances on my next re- assessment???
Kind regards article
I still think reading those pages the DSS assessor will take one look and if you havent a track record of self abuse or suicide you will be relegated to the group below support.
Could I please ask you, can I at any time ask for a explanation as to how I passed and got into the support group. ????? Is there a record/form showing your scores etc etc.
Im thinking it is the exceptional circumstances condition I pass but maybe I have enough points aswel. Ive never had a medical with them.
But do you think this would prejudice my chances on my next re- assessment???
Kind regards article
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9 years 2 months ago #130965 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA REassessment
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You are entitled to request this information at any time and doing so will have no effect on any future re-assessment of your claim, the only potential difficulty will be whether the information is still held on your current file or it has been archived to offsite storage.
If you can phone the DWP without distress then I would start by phoning the DWP office that is dealing with your claim, the number will be on any of the recent letters that you have received from them. If you had a face to face assessment last time then you need to request your ESA85, if you did not then it will be an ESA85A, it may also be worth you asking for the LT54 as well, although there might not be one.
If you cannot phone or your request has not been answered within a couple of week then you can make a Subject Access Request for the information. See the following
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
The DWP would have 40 calendar days to reply, although it does not usually take so long.
Gordon
You are entitled to request this information at any time and doing so will have no effect on any future re-assessment of your claim, the only potential difficulty will be whether the information is still held on your current file or it has been archived to offsite storage.
If you can phone the DWP without distress then I would start by phoning the DWP office that is dealing with your claim, the number will be on any of the recent letters that you have received from them. If you had a face to face assessment last time then you need to request your ESA85, if you did not then it will be an ESA85A, it may also be worth you asking for the LT54 as well, although there might not be one.
If you cannot phone or your request has not been answered within a couple of week then you can make a Subject Access Request for the information. See the following
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
The DWP would have 40 calendar days to reply, although it does not usually take so long.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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