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rule 29 & 35 before WCA but after esa50

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10 years 1 month ago #132165 by Paulx
Hi,

After 18 months my WCA has come up. I've seen these templates on black triangle about rule 29 & 35. The letter to the doctor seems to be of use when you re appealing a decision. Should I try and get my doctor to do it before my WCA?

I've tried to book an appointment with my psychiatrist but am unable to see him before it.

My psychologist says he will write me a letter about the periphery I'm on but I did not know about rules 29 & 35 when I asked him. Is he in a position medically/professionally to do rules 29 & 35?

I've already submitted my ESA50 18 months ago, did it myself so it's probably not very good.

Thanks
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10 years 1 month ago #132177 by Gordon
Replied by Gordon on topic rule 29 & 35 before WCA but after esa50
abc

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

If your last ESA50 was submitted 18 months ago and your conditions have changed since then then you are entitled to submit up to date information up to and including the day of an face to assessment that you have been asked to attend.

This can be in the form of a letter or if time allows a new ESA50. See

Using The PDF Version Of The ESA50 Questionnaire

As you are new to B&W I would urge you to have a look at our ESA Claim guides for the latest information on the ESA Descriptors. See

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

If you do submit up to date information then we recommend you copy the DWP office dealing with your ESA claim with anything that you send to Maximus. See

Sending Documents to the DWP or ATOS

After some searching I have found what appears to be the current version of the Black Triangle letter that I believe you are referring to in your post. See

blacktrianglecampaign.org/2012/11/21/imp...cuments-for-your-gp/

I do not believe that the letter linked to from the above page addresses the legal requirements associated with either Regulation 29 or 35, certainly in the case of Regulation 29, the law has been changed and the letter does not reflect this.

If you have any specific 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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10 years 1 month ago #132331 by Paulx
Replied by Paulx on topic rule 29 & 35 before WCA but after esa50
I have acquired a psychiatrist & a psychologist as well as a lot of medication since I filled the ESA50 in, is this good enough?

I'm looking into redoing my ESA50 but as it is a lot to do and my WCA is just under 2wks away I will probably have to give them it on the day. Will they just then ignore my old one - it just seems strange giving them a new one on the day.

What is the scenario about cab fares? I have difficulties crossing the road safely, particularly when stressed & the person who I hope to take cannot walk very well and so I need to use a cab. Is this good enough reason to be able to claim cab fares?

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10 years 1 month ago #132349 by Gordon
Replied by Gordon on topic rule 29 & 35 before WCA but after esa50
abc

You don't have to complete a new ESA50 if there is not time, but it does lend structure to what you might write, a letter will do as well, the important thing is to detail any changes in your condition.

As I understand it, you cannot claim for a taxi unless it has been agreed by Maximus in advance. It might help if your GP writes about your problems and why you need to use a taxi.

Gordon

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

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10 years 1 month ago #132545 by Paulx
Replied by Paulx on topic rule 29 & 35 before WCA but after esa50
If I rearrange my appt how long might it delay it for?

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10 years 1 month ago #132556 by Gordon
Replied by Gordon on topic rule 29 & 35 before WCA but after esa50

abc wrote: If I rearrange my appt how long might it delay it for?


Probably 1-3 weeks.

You need to be aware that you can only re-arrange an assessment once, so if you do this you must attend the next appointment, they will not allow a second re-arrangement even if you are sick on the day.

Gordon

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

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