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NEW ESA 50 AND OTHER RELATED ISSUES
- Augustus
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9 years 1 month ago #131211 by Augustus
NEW ESA 50 AND OTHER RELATED ISSUES was created by Augustus
Hi Panel
Just a question re: your latest newsletter. Does the new ESA 50 still allow us to ignore the minimal space for explanations and add supplementary sheets - as before?
Can anyone who receives an invitation to a medical without having filled in a ESA 50 refuse, on the basis that under the guidelines, the ESA 50 is an important evidential document? Or has this changed?
They mislaid mine and proceeded without it in 2011, but with the right pointers from you, I prevailed.
I mean, if the situation here is unchanged, why would anyone not want to challenge such an invite. One is hopelessly at a disadvantage if the HCPs file is empty.
Also, with the new ESA50 and filling in these forms in general, is there any logical reason why, if, say, you know it is coming in three months, you could not get your hands on a paper copy somewhere, and start filling it in bit by bit, without the pressure?
Thanks
A
Just a question re: your latest newsletter. Does the new ESA 50 still allow us to ignore the minimal space for explanations and add supplementary sheets - as before?
Can anyone who receives an invitation to a medical without having filled in a ESA 50 refuse, on the basis that under the guidelines, the ESA 50 is an important evidential document? Or has this changed?
They mislaid mine and proceeded without it in 2011, but with the right pointers from you, I prevailed.
I mean, if the situation here is unchanged, why would anyone not want to challenge such an invite. One is hopelessly at a disadvantage if the HCPs file is empty.
Also, with the new ESA50 and filling in these forms in general, is there any logical reason why, if, say, you know it is coming in three months, you could not get your hands on a paper copy somewhere, and start filling it in bit by bit, without the pressure?
Thanks
A
The following user(s) said Thank You: cats6, CAT_FANATIC
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- Gordon
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9 years 1 month ago #131221 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic NEW ESA 50 AND OTHER RELATED ISSUES
Augustus
The changes to the ESA50 are primarily cosmetic, there is absolutely no reason why you should not provide additional information on separate pages where needed.
There is no legal requirement for an ESA50 to be issued in order for a Decision to be made in regard to ESA, however, it would certainly possible to argue that any Decision made without one was potentially unsafe. I do not believe that failing to have had an ESA50 would be accepted as Good Cause for failing to attend or participate in an assessment.
Many members maintain a "rolling" ESA50 of their current problems in anticipation of a re-assessment.
Gordon
The changes to the ESA50 are primarily cosmetic, there is absolutely no reason why you should not provide additional information on separate pages where needed.
There is no legal requirement for an ESA50 to be issued in order for a Decision to be made in regard to ESA, however, it would certainly possible to argue that any Decision made without one was potentially unsafe. I do not believe that failing to have had an ESA50 would be accepted as Good Cause for failing to attend or participate in an assessment.
Many members maintain a "rolling" ESA50 of their current problems in anticipation of a re-assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: CAT_FANATIC
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- cats6
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9 years 1 month ago #131365 by cats6
Replied by cats6 on topic NEW ESA 50 AND OTHER RELATED ISSUES
This i find very interesting, i am on the migration ESA route from IS/SDA/DP
A ESA50 Form was sent to me May 2014, sent back to ATOS with in the time limit recorded delivery,
had 3 more forms sent from ATOS one a month, it took around nearly 4 weeks for the DWP at numerous call centers to confirm ATOS had received the original form.
As ATOS at the address the form was returned to refused to deal with my inquires or it wasn't allowed, DWP said they had to find out if ATOS had the form or not then let me know.
Now i have an "invite" for a face to face April 2015.
This had made me think have they used any evidence from the esa50 form..
Anyway's i am disgusted with the whole process as i feel the form was enough; and should have been used with all the evidence the DWP all ready hold on me, for a decision to place myself in the support group.
in saying that My local GP's all resigned on mass a few months ago and new Gp's took over the practice, now i recently found out as a result all my medical files are inconclusive! I am now expecting to lose this migration claim and fingers crossed for a successful tribunals appeal.
A ESA50 Form was sent to me May 2014, sent back to ATOS with in the time limit recorded delivery,
had 3 more forms sent from ATOS one a month, it took around nearly 4 weeks for the DWP at numerous call centers to confirm ATOS had received the original form.
As ATOS at the address the form was returned to refused to deal with my inquires or it wasn't allowed, DWP said they had to find out if ATOS had the form or not then let me know.
Now i have an "invite" for a face to face April 2015.
This had made me think have they used any evidence from the esa50 form..
Anyway's i am disgusted with the whole process as i feel the form was enough; and should have been used with all the evidence the DWP all ready hold on me, for a decision to place myself in the support group.
in saying that My local GP's all resigned on mass a few months ago and new Gp's took over the practice, now i recently found out as a result all my medical files are inconclusive! I am now expecting to lose this migration claim and fingers crossed for a successful tribunals appeal.
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- Gordon
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9 years 1 month ago #131433 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic NEW ESA 50 AND OTHER RELATED ISSUES
cats6
If your conditions have changed since you completed the ESA50 then you are entitled to update Maximus (they took over from ATOS earlier this month), of those changes. Draw up a letter documenting how you now are, wherever possible in context to the Descriptors and send a copy to the office where you assessment is to be held and a copy to the DWP office that is handling the transfer, their address will be on the letters you have received from the DWP. You should also take a copy to the assessment and ask the assessor to read it before proceeding with the interview.
Gordon
If your conditions have changed since you completed the ESA50 then you are entitled to update Maximus (they took over from ATOS earlier this month), of those changes. Draw up a letter documenting how you now are, wherever possible in context to the Descriptors and send a copy to the office where you assessment is to be held and a copy to the DWP office that is handling the transfer, their address will be on the letters you have received from the DWP. You should also take a copy to the assessment and ask the assessor to read it before proceeding with the interview.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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