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ESA85A questions.
- CLINTIAN
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8 years 10 months ago #136881 by CLINTIAN
ESA85A questions. was created by CLINTIAN
Hi, im filling out an ESA50 form and have some questions, thank you so much for any help:-
1. My husband is at the moment in the support group, is it ok to directly state on the re assessment form that for example:- he is unable to be in the WRAG because of his illness/substantial risk as he would not be able to rely on attending appointments and be punished or sanctioned, the support group is the only place for him, or would it come across as a bit pushy and too upfront ?
2. not sure if correctly read this recently but is it ok to state on his re assessment form that he has attempted suicide in the past or would this lead to an automatic face-face instead of direct placement into the support group?
3. If my husband was placed into the support group without a face-face could I use any ESA85A I Receive as evidence for future re assessments, ie. take a photo copy and send it as evidence ?.
thank you again.
1. My husband is at the moment in the support group, is it ok to directly state on the re assessment form that for example:- he is unable to be in the WRAG because of his illness/substantial risk as he would not be able to rely on attending appointments and be punished or sanctioned, the support group is the only place for him, or would it come across as a bit pushy and too upfront ?
2. not sure if correctly read this recently but is it ok to state on his re assessment form that he has attempted suicide in the past or would this lead to an automatic face-face instead of direct placement into the support group?
3. If my husband was placed into the support group without a face-face could I use any ESA85A I Receive as evidence for future re assessments, ie. take a photo copy and send it as evidence ?.
thank you again.
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8 years 10 months ago #136886 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA85A questions.
Bodge
To answer your questions
1. Yes you can but you should make sure that you fully understand Regulation 35, which covers this, before doing so as there are several elements to the requirement that you would have to show he meets. See the ESA Claim guide for details of Qualifying for the Support Group.
www.benefitsandwork.co.uk/help-for-claimants/esa1
2. Previous suicide attempts should reduce the likelihood of a face to face assessment but there are no guarantees on this and the decision on whether one is required or not lies with Maximus, the DWP will not override them on this matter,
3. In principle yes, however, each re-assessment looks at a claimants issues at a point in time so you would need to show that his conditions had remained the same or had deteriorated since the last report had been produced. Also, Regulation 35 always requires up to date evidence.
Gordon
To answer your questions
1. Yes you can but you should make sure that you fully understand Regulation 35, which covers this, before doing so as there are several elements to the requirement that you would have to show he meets. See the ESA Claim guide for details of Qualifying for the Support Group.
www.benefitsandwork.co.uk/help-for-claimants/esa1
2. Previous suicide attempts should reduce the likelihood of a face to face assessment but there are no guarantees on this and the decision on whether one is required or not lies with Maximus, the DWP will not override them on this matter,
3. In principle yes, however, each re-assessment looks at a claimants issues at a point in time so you would need to show that his conditions had remained the same or had deteriorated since the last report had been produced. Also, Regulation 35 always requires up to date evidence.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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