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Support Group review overdue - what must I do?

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9 years 2 weeks ago - 9 years 2 weeks ago #133965 by mcwali
When notified that I had been put in the Support Group I was informed that my case review would be in Jan 2015, but I haven't heard anything from DWP. I am still receiving my benefit payments though. Am I right in thinking there is a backlog of review cases?

Also, (more importantly), is it my legal responsibility to contact and inform DWP that they should have reviewed my case by now? - I don't really want to draw attention to myself ( i.e., might they bring forward my review to the top of the list, if they have a backlog?), but I am concerned that I haven't heard from them and am still receiving payments.

Is there any penalty for continuing to receive payments after the Jan 2015 review date, and if, when my case is actually reviewed and I'm no longer found to be eligible for ESA, would I have to pay back the benefits I have received since the originally specified Jan 2015 review date?

Finally, what would the review entail? another ESA50 - and a medical (which I've never had, first when I was put in WRAG and secondly when I was put in the Support Group)?
Last edit: 9 years 2 weeks ago by slugsta.

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9 years 2 weeks ago #133974 by slugsta
Hi mcwali and Welcome to Benefits and Work

Yes, you are correct in thinking that many ESA reassessments have been suspended due to the backlog of cases.

ESA is actually an open-ended benefit, it is not awarded for any defined length of time and any reassessment date is only advisory. For this reason payment will continue until and unless an adverse decision is made after reassessment, no matter how long that takes. The claimant has no responsibility to contact DWP about the reassessment and there would be no money to be repaid should you be found 'fit to work' in the future (as long as you had not failed to notify DWP of any improvement in your condition).

How often will I be reviewed

Reassessment is usually undertaken in the same way as the initial claim. Although some members have been sent appointments for a face2face assessment without having filled out an ESA50 the completion of such a form is still an official part of the process. Whether or not you would be called for a f2f would depend on whether the HCP felt s/he had enough information to make a decision without one.

If you wish to know for sure, you can phone DWP and ask when you are next due to be reassessed, doing so should not trigger the process. You could also start completing the PDF version of the ESA50 form so that you are ahead of the process.

Using The PDF Version Of The ESA50 Questionnaire

If you have any further questions please reply to this message and we will do our best to help. You should find it easily if you bookmark/favourite the page on your web browser now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • ken
9 years 1 week ago #134397 by ken
Personally I would do nothing, unless you actually feel a review is required.
You legally do not have to do anything unless your circumstances change in any way that would affect the claim surely.

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  • bro58
9 years 1 week ago #134407 by bro58
Hi mcw,

Options :

Do nothing and wait until you receive an ESA50 !

Don't contact ESA, but start filling in the Pdf ESA50, now to ease time constraints then update it and print it off when you eventually receive the hard copy ESA50 through the post.

Contact ESA where they should be able to tell you the recommended date for the start of your reassessment, then either wait for the ESA50 to arrive through the post, or start filling in an ESA50 at your own pace for when the paper one arrives.

bro58

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5 years 1 month ago #228781 by just
Sorry for jumping onto this post(i did not want to make multiple topics which are similar)

My last prognosis was for 3 years in the support group.
So knowing roughly when i was about to be triggered for reassessment i Telephoned the DWP ESA helpline to confirm the date.
They confirmed my file would be sent over to CHAD on the 19/03/2019.
Having not received a new ESA 50 thinking it might be lost in the post i plucked up the courage and rang CHAD yesterday to see if they had indeed received a request to do a new WCA on me.
The answer was No.
So basically im asking MODs if they have any idea what might be going on with the DWP automated system for this referral as they usually drop through the door like clockwork.

Kind Regards JC.
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5 years 1 month ago #228792 by Gordon
just cause

You replied to a post from three years ago so it is not a problem but we actually ask members not to post in other's topics, the question may be the same but the answer might not be!

We are not aware of any formal delays to the DWP initiating the ESA assessment process but there are still long delays in the assessment process.

I'm not sure that this process is fully automated, the production of the initial list probably is automated but I suspect that there is a decision on who is actually forwarded to Maximus for assessment.

The only way to know is to contact the DWP office dealing with your claim.

Gordon

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