- Posts: 6
× Members
ESA
- Jackmaccoll
- Topic Author
- Offline
Less More
8 years 11 months ago - 8 years 11 months ago #135676 by Jackmaccoll
ESA was created by Jackmaccoll
My son is in receipt of DLA High rate care and low rate mobility, he has Autism, Dyspraxia, adhd, dyslexia, ashma, eczema and leaky gut syndrome. He has been in receipt of esa for two years after winning an appeal. Two years ago when he attended the medical face to face he found this a highly stressful experience so much that his support worker wrote a letter to say how much of an ordeal it had been for my son. He was due to attend a medical assessment today, he had a severe panic attack and meltdown refusing to go, I contacted health assessment advisory service of this who were completely unhelpful. As I am his appointee they were able to speak with myself, he wasn't sent an ESA 50 form before his letter came throw for a medical face to face, I thought they were obliged to do so, also I read somewhere that due to autistic spectrum diagnoses and high rate care he is exempt from medical could someone please advise myself if this is true and what's the repercussions of him not attending his face to face, thank you
Last edit: 8 years 11 months ago by .
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51130
8 years 11 months ago #135696 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA
JM
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Your son should have received an ESA50 before being asked to attend an assessment, it's not a legal requirement but it is standard practice. You should contact Maximus about this and ask for time to fill in an ESA50 before any new assessment is booked.
You can download a copy of the ESA50 from the following link
Using The PDF Version Of The ESA50 Questionnaire
I'm afraid that that there are very few exceptions to the requirement for an assessment to be completed and ASD is not one of them, IB used to have a provision for High Rate Care but ESA does not. That does not mean that a face to face has to be held or if it is, that it needs to be at a Maximus office, this will primarily depend on the information in the ESA50 and any evidence attached, for a Home Assessment you will need your son's GP to write to Maximus explaining why he cannot attend.
Having missed one assessment your son must attend the next or you risk his file being returned to the DWP and his claim being closed, the DWP should contact you before this to find out any reasons for his non-attendance, but this does not always happened and re-instating his claim can take several months and is at the discretion of the DWP.
If we can help more, then please reply to this post.
Gordon
Welcome to the forum.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Your son should have received an ESA50 before being asked to attend an assessment, it's not a legal requirement but it is standard practice. You should contact Maximus about this and ask for time to fill in an ESA50 before any new assessment is booked.
You can download a copy of the ESA50 from the following link
Using The PDF Version Of The ESA50 Questionnaire
I'm afraid that that there are very few exceptions to the requirement for an assessment to be completed and ASD is not one of them, IB used to have a provision for High Rate Care but ESA does not. That does not mean that a face to face has to be held or if it is, that it needs to be at a Maximus office, this will primarily depend on the information in the ESA50 and any evidence attached, for a Home Assessment you will need your son's GP to write to Maximus explaining why he cannot attend.
Having missed one assessment your son must attend the next or you risk his file being returned to the DWP and his claim being closed, the DWP should contact you before this to find out any reasons for his non-attendance, but this does not always happened and re-instating his claim can take several months and is at the discretion of the DWP.
If we can help more, then please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris