ESA50 FRUSTRATION

Dear Benefits and Work,

Here we go again

My dad received a letter a couple of days ago from the Health Assessment Advisory Service along with an ESA50 form to complete and return by the 28th of March. What makes receiving this form even more upsetting is that he retires in 5 months.

[Side-note] My dad also receives DLA. I'm assuming this form has nothing to do with DLA/PIP. The letter doesn't appear to say so as I can see. Letters from the DWP can be very difficult to read

Brief history: My dad suffers from Ankylosing Spondylitis (and degenerative disease whereby parts of the spine degrade and fuse together) - which effect mobility greatly (amongst other things).

A quick recap from memory: Years ago my dad was claiming incapacity benefit, then following an assessment the DWP placed my dad in the WRAG which would effectively end my dad's ESA November 2013. A late reconsideration finally placed him back in the Support Group (25/07/13) after his benefits had been stopped a few months prior. A decision maker called me to inform me of the positive reconsideration decision and also indicated that his next 'assessment' would be postponed until 2016 which would be around my dad's retirement so the benefit would no longer be needed. The DWP did not amend their decision from 2012, but thankfully the HM Courts decided in our favour later on so all benefits lost were returned.

My concern lies in that the decision maker advised over the phone the reconsideration placing my dad in the Support Group would effectively last up until his retirement and in correspondence from the DWP it states that 'A 3 year prognosis applies from 23-Jul-2013 because the healthcare professional advised that improvement was unlikely in the longer term.' In reality of course, due the degenerative nature of my dad's condition he will never improve, if there is any change at all, it will only get worse.

The above 3 year prognosis informed by the healthcare professional, plus the call from the decision maker would of course take the ESA up until my dad's retirement when (of course) the benefit would end anyway as you cannot claim ESA when retired.

I called the complaints resolution team on Friday who informed me they'd send on my concern, but there's no guarantee that they'll actually do this so could potentially send my concern in writing to This email address is being protected from spambots. You need JavaScript enabled to view it. myself.

It's just very frustrating - especially 5 months before retirement. If I contact the complaints resolution team above I could theoretically send all the old evidence if that would be accepted.

I just thought I'd send in my concern (sorry it's a little long-winded) to see what you thought.

Kind regards -
Bluebear.

Thanks, Gordon.

Would contacting our MP be the right thing to do in this instance? I only ask as when we got in touch with him a few years back he simply forwarded our concern onto the Complaints Resolution department.

Regards, BlueBear.

Bluebear wrote: Thanks, Gordon.

Would contacting our MP be the right thing to do in this instance? I only ask as when we got in touch with him a few years back he simply forwarded our concern onto the Complaints Resolution department.

Regards, BlueBear.

Hi Bb,

I have always found my M.P. to be helpful (I don't give them any choice in the matter ) and they generally have Case Workers who can assist.

Besides, gaining direct contact with The Complaints Resolutions Team is a feat in itself, as normally claimants find it very difficult to do so !!

bro58

Okay, I'll consider writing to our MP instead. I'll wait a few days for a reply... If no positive answer, we'll begin completing the ESA50 again. I'm not looking forward to that

Are you able to confirm a couple of points, please?

Regarding the ESA50 form my dad received - I would assume this has nothing to do with the DLA my dad receives. This is likely a silly question, but I assume this relates to ESA only?

In addition, just to confirm, ESA cannot continue into retirement, but DLA can?

Regards,
BlueBear.