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ESA50 Form & change to circumstances
- mixman09
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Thank you
Liam
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Liam Flanagan wrote: Ok, Gordon and Bro, I understand what you're both saying. So I've had a trapped nerve since October/November 2014, though it was only diagnosed properly in August 2015 (the GP originally thought it was RSI) and I'm going to be putting information about this on my next re-assessment. As this and my other continuing medical conditions & disabilities will all be in the ESA50 Form I assume that I'd basically still qualify for the Support Group which I'm currently in. Is this true? Will I get punished for not immediately reporting this?
Thank you
Liam
Hi LF,
DWP are only generally interested in a change in your medical conditions and limitations if this change may result in a lesser payment/award.
So, if you are in The SG, even though you should include any deterioration/change in your condition in your next ESA50, you should not be penalised for not informing them prior to this as you are already in The SG and cannot receive any higher award.
You should not assume anything, and treat your next ESA50 and re-assessment process as if it was your first.
It is likely that The CHDA Assessor may not even be aware which group you are currently in, and will not have viewed your previous ESA50 and supporting evidence.
If you are to use "old" evidence once more, you should try to support this with a current letter from your G.P. / Treating HCP, etc stating that your conditions have not improved or they have deteriorated, whichever is the case.
You should also make it clear that the medical conditions and resulting limitations have not changed since your last Assessment to such an extent that you no longer qualify for an SG Award.
If relevant, you can also state that you have not received any new medication or operative procedures since the time of your last Assessment that have improved your medical conditions, nor have you learned to adapt to or manage your resulting limitations any better, since that time.
If you are aware of The SG Activity/Descriptor that placed you in The SG last time, you can also cite this.
As you may know, and as reiterated in our ESA Claims Guides, you can only qualify/re-qualify for The SG by fulfilling at least one of : The Functional SG (LCWRA) Schedule 3 Descriptors
Or if not under any of those, under : ESA Reg 35 for entry to The SG (LCWRA)
I would advise you to read through our Guides thoroughly before posing any further questions, as the answer to any potential query will most probably be found in the Guides.
bro58
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- mixman09
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Okay so I think I understand what you guys have said to me. I understand that my partner leaving does not affect my in the then majority of cases but you can't guarantee this. But if there is a change to my conditions that is important to tell them the DWP about that straight away.
Does this include a new medical condition that has developed recently? I have a trapped nerve that developed about 16 months ago. I have not told the DWP about this because I didn't think I had to, would I be punished for not telling them about this at the time? I will of course be telling them about my trapped nerve in my re-assessment this year.
Thank you
Liam
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- Gordon
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Whilst our advice has to be that all changes to your conditions are reported to the DWP, the reality is that they are not really bothered about deteriorations or new conditions. As you will be the only one disadvantaged by not notifying them I cannot see any reason why the DWP would take any action against you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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