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New ESA50 form has arrived

  • bro58
6 years 4 months ago #147406 by bro58
Replied by bro58 on topic New ESA50 form has arrived

onice wrote: Hello,

I was placed in the ESA support group, but understand that I am able to attend WRAG meetings if I would like to.

My question is, how do I find these meetings? I have no idea where, when, or what they involve and would like to find out more.

Anyone know?

Thanks


Hi o,

Once placed into The SG, you cannot be compelled to take part in Work Related Activity. (WRA)

However, you can take part voluntarily if you wish !!

If you wish to voluntarily take part in WRA, you would need to contact your local JC Plus office.

You should be aware that some WRA that starts off being voluntary can end up being mandatory subject to sanction for non-compliance, so be careful what you sign up for.

You should also be aware that any WRA that you take part in may be used as evidence in your next re-assessment.

This could obviously be detremental to any future SG Award if any of the actions involved in The WRA were contradictory to the limitations that have placed you into The SG this time.

bro58

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6 years 2 months ago - 6 years 2 months ago #154711 by onice
Replied by onice on topic New ESA50 form has arrived
I have received ESA for the past few months, today I received another form to fill out to see if I still qualify.

Much of my situation is the same as described in my previous (and first) ESA50 form. Is it okay to send word-for-word copy of what I said last time (with some minor adjustments)?

I have been on a 4 month "therapy break" - but am on a waiting list to restart again in the coming weeks (possibly with a different therapist).

This means the most recent evidence I can provide will be a 4 month old discharge letter, and a letter (received today) saying that I will be re-entering therapy following a review phone call. I may also be able to provide evidence of a self help support group I attend.

Do you think this will be okay? I need to be in the Support Group but have a feeling the second application is judged more harshly and don't think it will be successful.
Last edit: 6 years 2 months ago by bro58.

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  • bro58
6 years 2 months ago - 6 years 2 months ago #154726 by bro58
Replied by bro58 on topic New ESA50 form has arrived

onice wrote: I have received ESA for the past few months, today I received another form to fill out to see if I still qualify.

Much of my situation is the same as described in my previous (and first) ESA50 form. Is it okay to send word-for-word copy of what I said last time (with some minor adjustments)?

I have been on a 4 month "therapy break" - but am on a waiting list to restart again in the coming weeks (possibly with a different therapist).

This means the most recent evidence I can provide will be a 4 month old discharge letter, and a letter (received today) saying that I will be re-entering therapy following a review phone call. I may also be able to provide evidence of a self help support group I attend.

Do you think this will be okay? I need to be in the Support Group but have a feeling the second application is judged more harshly and don't think it will be successful.


Hi o,

I will merge this topic with your previous ESA related topics for continuity.

Have you checked with Maximus that this ESA50 has not be sent to you in error ?

I see from your previous post : Here. that you were only placed into The SG just over 3 months ago.

They can reassess any ESA award after a minimum period of 3 months, but this would be unusual for SG awards which generally have a longer recommended period before reassessment.

You can use older evidence but you will have to make it clear that the evidence is still current with respect to your medical conditions and resulting limitations presently.

Just to make you aware that : The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15 now carry out ESA Assessments/Re-Assessments.

There have not been any changes to ESA Legislation since January 2013, however you should always use our most current Guides.

There have been some changes to The ESA50 itself.

Now that you have The ESA50, you may want to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides on this page, 2nd & 3rd links down :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or Maximus. (aka CHDA, aka HAAS.)

You should treat this re-assessment as if it was your first assessment and not assume that The Assessor will have access to any of your previous evidence. They may not even know that you are currently in The SG, so you should make it clear that you are.

It is therefore important that you reiterate how and why you still qualify for The SG in that the limitations that you suffer as a result of your medical conditions have not changed nor diminished to such an extent that you no longer qualify for The SG

Nor have you learned to deal with or adapt to your limitations since your last assessment.

If you are aware how and why you were placed into The SG last time, you could cite that also.

If you want to obtain fresh evidence such as a letter of support from your G.P., obtain it yourself and post it with the ESA50.

Do not rely on Maximus/DWP contacting your G.P. , even if you request that they do so.

They seldom do and are not legally obliged to do so.

How best to show that you still qualify for The SG is covered in our ESA Claims Guides.

If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with your ESA50 + extra evidence/pages.

You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor

If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !

So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.

With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From : ESA Reg 34.

If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)

For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)

i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.

Have a look at Gordon's comments in : This Post regarding ESA Reg 35,

Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.

The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.

You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.

There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.


You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic ! :)

bro58
Last edit: 6 years 2 months ago by bro58.

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6 years 2 months ago #154757 by onice
Replied by onice on topic New ESA50 form has arrived
Thanks bro,

Some very useful pointers there.

I was worried that I might be moved into WRAG after re-assessment because I have made slight incremental progress. However, it is not to an extent that means I can come out of the support group - I guess as long as I still qualify then the fact that I'm marginally better won't make a difference as I'm still very much debilitated by condition and have a long way to go - I mentioned this in my previous ESA form.

I don't think it is a mistake that they sent me the new form - I phoned them when I was first put into the support group and they said it was until March so I was expecting that.

Anyway, going to start filling it in tomorrow.

Thanks for the help
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5 years 11 months ago #160114 by onice
Replied by onice on topic New ESA50 form has arrived
Hello - just to update...

I received a letter this week saying that I have an appointment for a medical assessment coming up in response to the second ESA form I filled out.

Is this common? I have been in the support group so wasn't expecting to need a medical assessment. I am worried they might move me into wrongly WRAG or JSA - this will be my first medical assessment ever.

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5 years 11 months ago #160145 by Gordon
Replied by Gordon on topic New ESA50 form has arrived

onice wrote: Hello - just to update...

I received a letter this week saying that I have an appointment for a medical assessment coming up in response to the second ESA form I filled out.

Is this common? I have been in the support group so wasn't expecting to need a medical assessment. I am worried they might move me into wrongly WRAG or JSA - this will be my first medical assessment ever.


Most ESA claimants, even those in the SG, have a face to face assessment so this is not unusual, we are also seeing a lot of members who like you have not had a face to face recently and are now being asked to have one, it may be a change in policy or just because it is now Maximus and not ATOS.

You don't say whether it is a home assessment or not, but if not then you will need your GP to write to Maximus explaining why you cannot attend at their offices.

Gordon

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

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