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Now ESA Muck Around.
- Gordon
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9 years 2 weeks ago #134045 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Now ESA Muck Around.
louise
It is important to understand that there has been no change to the ESA Regulations or Descriptors, the change you are referring to is purely a change to guidance issued to assessors by the DWP.
As guidance it is not legally binding and can be argued against by the claimant as not being relevant to them.
You should certainly refer to 35(2) in the extra information you intend to provide, but please be aware of the following.
- The Exceptional Circumstances Regulations, 29 for the WRAG and 35 for the Support Group, require the claimant to show that at the time of re-assessment that they meet the requirements, you cannot rely on a claimant having met them before to be accepted as their meeting them now. This is the one area where up to date medical evidence is really important.
- It is not enough to just quote Reg, 35 and expect the DWP to take account of it, you need to specifically show that;
-- there is "some specific disease or bodily or mental disablement"
-- that there is a quantifiable risk and what that risk is
-- how the claimant performing Work Related Activity would increase the risk.
Recent Case law for ESA requires the DWP to provide details of the activities that a claimant might perform without risk, but I do not believe that this removes the need for the claimant to explain how the most common activities would create risk, these would include Work Focussed Interviews, attending training courses and work placements.
Gordon
It is important to understand that there has been no change to the ESA Regulations or Descriptors, the change you are referring to is purely a change to guidance issued to assessors by the DWP.
As guidance it is not legally binding and can be argued against by the claimant as not being relevant to them.
You should certainly refer to 35(2) in the extra information you intend to provide, but please be aware of the following.
- The Exceptional Circumstances Regulations, 29 for the WRAG and 35 for the Support Group, require the claimant to show that at the time of re-assessment that they meet the requirements, you cannot rely on a claimant having met them before to be accepted as their meeting them now. This is the one area where up to date medical evidence is really important.
- It is not enough to just quote Reg, 35 and expect the DWP to take account of it, you need to specifically show that;
-- there is "some specific disease or bodily or mental disablement"
-- that there is a quantifiable risk and what that risk is
-- how the claimant performing Work Related Activity would increase the risk.
Recent Case law for ESA requires the DWP to provide details of the activities that a claimant might perform without risk, but I do not believe that this removes the need for the claimant to explain how the most common activities would create risk, these would include Work Focussed Interviews, attending training courses and work placements.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- louise
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9 years 2 weeks ago #134049 by louise
Replied by louise on topic Now ESA Muck Around.
Thank You very much Gordon,
I Have a lot of past medical letters & proof of my partners Mental health disabilities ,Anxieties as well as bladder & bowel problems & past thoughts of suicide & attempts dating back from 2000 onwards, I have also got letters for my partner this year from her doctor, her health visitor & a letter of support from our local MP, all stating that she has many mental health problems & that she needs my full daily support & that if I was not with her day & night, there could be a serious risk to her health.
I've also completed a full 24 hour day diary, hour by hour from 7am on wards. but it's very detailed, not sure if they would bother to read it? it was based recently on one of her bad days but certainly not her worst day. I've also done a carer report stating that I do take care of everything in the house, which is true, & also that partner is unable to do anything, because of the risks of being very clumsy, very drowsy & tired & not very good concentration, because of her mental health problems & all the different kinds of medications that I have to give her throughout the day & night.
She cannot handle social situations at all, she has had an emotional breakdown, in every appointment she has had with her GP, Health visitor, medical assessments, which I recorded on a Dictaphone & can proof that, I also unfortunately recorded a suicide attempt not long ago in the house, because I had to have recording equipment going for 24 hours a day, due to serious problems from a next door neighbour, which the police were involved with, so this caught her attempt. I was going to put it on a disc & send it all off as proof, would they accept that?
Thank You in advance.
I Have a lot of past medical letters & proof of my partners Mental health disabilities ,Anxieties as well as bladder & bowel problems & past thoughts of suicide & attempts dating back from 2000 onwards, I have also got letters for my partner this year from her doctor, her health visitor & a letter of support from our local MP, all stating that she has many mental health problems & that she needs my full daily support & that if I was not with her day & night, there could be a serious risk to her health.
I've also completed a full 24 hour day diary, hour by hour from 7am on wards. but it's very detailed, not sure if they would bother to read it? it was based recently on one of her bad days but certainly not her worst day. I've also done a carer report stating that I do take care of everything in the house, which is true, & also that partner is unable to do anything, because of the risks of being very clumsy, very drowsy & tired & not very good concentration, because of her mental health problems & all the different kinds of medications that I have to give her throughout the day & night.
She cannot handle social situations at all, she has had an emotional breakdown, in every appointment she has had with her GP, Health visitor, medical assessments, which I recorded on a Dictaphone & can proof that, I also unfortunately recorded a suicide attempt not long ago in the house, because I had to have recording equipment going for 24 hours a day, due to serious problems from a next door neighbour, which the police were involved with, so this caught her attempt. I was going to put it on a disc & send it all off as proof, would they accept that?
Thank You in advance.
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- Gordon
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9 years 2 weeks ago #134051 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Now ESA Muck Around.
louise
Diaries are best if you can include more than one day, perhaps in addition to the one day one you can supply a less detailed one for a week or tow to show a pattern to your partners problems.
You can certainly send the disk but I would provide a detailed description of its contents as well,, it's all about making it as easy for the assessor and Decision Maker to make the right award.
Gordon
Diaries are best if you can include more than one day, perhaps in addition to the one day one you can supply a less detailed one for a week or tow to show a pattern to your partners problems.
You can certainly send the disk but I would provide a detailed description of its contents as well,, it's all about making it as easy for the assessor and Decision Maker to make the right award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- CAT_FANATIC
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9 years 2 weeks ago #134060 by CAT_FANATIC
Replied by CAT_FANATIC on topic Now ESA Muck Around.
I am so glad someone here was able to give you lots of help. I have also taken severe 'nose dives' as a reaction to ATOS contact in the past, including suicide attempt and other self-harm.
Even just the sight of the brown envelope popping through the door can be a 'trigger'. I've experienced bad depression since my teens, and diagnosed with bi-polar 10 yrs ago. It's disgusting to be treated like a 'scrounger' or 'malingerer', be looked at with suspicion. I even had someone ask me why can't I work, as 'Stephen Fry can and he's got that.' Best of luck xx
Even just the sight of the brown envelope popping through the door can be a 'trigger'. I've experienced bad depression since my teens, and diagnosed with bi-polar 10 yrs ago. It's disgusting to be treated like a 'scrounger' or 'malingerer', be looked at with suspicion. I even had someone ask me why can't I work, as 'Stephen Fry can and he's got that.' Best of luck xx
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- louise
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8 years 5 months ago - 8 years 5 months ago #144907 by louise
Replied by louise on topic Now ESA Muck Around.
Hi, My partner is due for a reassessment at the end of February 2016 for ESA, When would she expect to receive a new ESA50 Form to fill in? As I'm very worried about her not receiving the form to fill in, as I've read about other not receiving forms etc.
I spoke to the DWP Earlier that stated her assessment date is end of February but also said don't worry if she hasn't heard any thing by that date about the reassessment because it's not set in stone, were the words they used, also because there is a backlog, is this true or are they trying to find excuses to muck people around when it's there due date.
These assessments make my partner very low & suicidal because of the worries in her life & adding this on top does further damage to her mentally.
Thank You for helping many people out there with this site.
I spoke to the DWP Earlier that stated her assessment date is end of February but also said don't worry if she hasn't heard any thing by that date about the reassessment because it's not set in stone, were the words they used, also because there is a backlog, is this true or are they trying to find excuses to muck people around when it's there due date.
These assessments make my partner very low & suicidal because of the worries in her life & adding this on top does further damage to her mentally.
Thank You for helping many people out there with this site.
Last edit: 8 years 5 months ago by bro58.
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- bro58
8 years 5 months ago - 8 years 5 months ago #144912 by bro58
Hi l,
Surprisingly, the DWP are not misinforming you !!
There are still backlogs resulting in deferrals of the ESA reassessment process.
See : This Topic and the link to the other related topic therein.
As you will see, our best advice is to prepare as best you can.
It can help by having a PDF ESA50 as up to date as possible :
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. (CHDA)
bro58
Replied by bro58 on topic Now ESA Muck Around.
louise wrote: Hi, My partner is due for a reassessment at the end of February 2016 for ESA, When would she expect to receive a new ESA50 Form to fill in? As I'm very worried about her not receiving the form to fill in, as I've read about other not receiving forms etc.
I spoke to the DWP Earlier that stated her assessment date is end of February but also said don't worry if she hasn't heard any thing by that date about the reassessment because it's not set in stone, were the words they used, also because there is a backlog, is this true or are they trying to find excuses to muck people around when it's there due date.
These assessments make my partner very low & suicidal because of the worries in her life & adding this on top does further damage to her mentally.
Thank You for helping many people out there with this site.
Hi l,
Surprisingly, the DWP are not misinforming you !!
There are still backlogs resulting in deferrals of the ESA reassessment process.
See : This Topic and the link to the other related topic therein.
As you will see, our best advice is to prepare as best you can.
It can help by having a PDF ESA50 as up to date as possible :
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. (CHDA)
bro58
Last edit: 8 years 5 months ago by bro58.
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