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ESA Q's
- Jayne
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8 years 1 month ago #155327 by Jayne
ESA Q's was created by Jayne
Hi I have a couple of questions about completing esa form and would like some advice please.
I have read the ESA guides but I'm still not sure if it is ok/ recommended to write down on the reassessment form the reasons why the SG descriptors re substantial risk would apply instead of being placed in the WRAG and any problems you have experienced from previously being placed in WRAG. Is this only something you state if you are appealing a decision?
Also when a paper form is sent back do the Maximus assessor cross check whether a PIP assessment/award has been awarded to the claimant - if this is a recent PIP assessment with Atos do they take this award into account before deciding whether a F2F is required? Or can Maximus not access Atos records?
Thanks
I have read the ESA guides but I'm still not sure if it is ok/ recommended to write down on the reassessment form the reasons why the SG descriptors re substantial risk would apply instead of being placed in the WRAG and any problems you have experienced from previously being placed in WRAG. Is this only something you state if you are appealing a decision?
Also when a paper form is sent back do the Maximus assessor cross check whether a PIP assessment/award has been awarded to the claimant - if this is a recent PIP assessment with Atos do they take this award into account before deciding whether a F2F is required? Or can Maximus not access Atos records?
Thanks
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- Gordon
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8 years 1 month ago - 8 years 1 month ago #155329 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Q's
Jayne
Yes, you should explain why you believe you meet the Substantial Risk Regulations, if you don't then they may not make the leap from what you have written in regard to each Descriptor. If you are hoping to get an award through this route then you will need to provide up to date medical evidence to support what you say in the form.
Maximus may have access to any PIP report that has been produced it will depend on whether the DWP include it in the file that they send to them. However, I would not rely on this happening, if there is information in your PIP report that you feel is relevant to your ESA claim then include a copy your self and make reference to it as relevant in your ESA50.
Gordon
Yes, you should explain why you believe you meet the Substantial Risk Regulations, if you don't then they may not make the leap from what you have written in regard to each Descriptor. If you are hoping to get an award through this route then you will need to provide up to date medical evidence to support what you say in the form.
Maximus may have access to any PIP report that has been produced it will depend on whether the DWP include it in the file that they send to them. However, I would not rely on this happening, if there is information in your PIP report that you feel is relevant to your ESA claim then include a copy your self and make reference to it as relevant in your ESA50.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
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- Jayne
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8 years 3 weeks ago #155574 by Jayne
Replied by Jayne on topic ESA Q's
Thank you Gordon for your last reply, I have a few more questions about ESA form and hope you can help.
The changes on the latest ESA form for "Moving around" mean that there is not a suitable box for me to tick regarding the distance able to "move safely and repeatedly before needing to stop".
The guide says put "None applicable". Do they definitely accept this answer with a full explanation of why? I'm just a little concerned they may say I have not completed that section by ticking a distance therefore descriptor does not apply?
My other question is do you think it a good idea to explain that because of the problems with my mobility while being in WRAG participation was by telephone interviews only.
Thank you
The changes on the latest ESA form for "Moving around" mean that there is not a suitable box for me to tick regarding the distance able to "move safely and repeatedly before needing to stop".
The guide says put "None applicable". Do they definitely accept this answer with a full explanation of why? I'm just a little concerned they may say I have not completed that section by ticking a distance therefore descriptor does not apply?
My other question is do you think it a good idea to explain that because of the problems with my mobility while being in WRAG participation was by telephone interviews only.
Thank you
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- Gordon
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8 years 3 weeks ago - 8 years 3 weeks ago #155594 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Q's
Jayne
We've been advising this for years an no one has reported a problem with them doing so, so I don't think that you have anything to worry about.
There's no harm in you mentioning the WFI's over the phone, but given the your JC+ advisor will have no medical training I would not expect it to carry much weight.
Gordon
We've been advising this for years an no one has reported a problem with them doing so, so I don't think that you have anything to worry about.
There's no harm in you mentioning the WFI's over the phone, but given the your JC+ advisor will have no medical training I would not expect it to carry much weight.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 3 weeks ago by Gordon.
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- Jayne
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8 years 2 weeks ago #156113 by Jayne
Replied by Jayne on topic ESA Q's
Hi - just a little more help needed please.
Is there any official wording I should use at the back of my ESA reassessment form to ask to be considered for the Support Group?
Do I need to state the whole Reg 35 (2) substantial risk etc reg in full? Also i have read that
there are certain descriptors that are automatic support group - should I be asking for support group based on them rather than Reg 35?
worried about using wrong wording.
Many thanks
Is there any official wording I should use at the back of my ESA reassessment form to ask to be considered for the Support Group?
Do I need to state the whole Reg 35 (2) substantial risk etc reg in full? Also i have read that
there are certain descriptors that are automatic support group - should I be asking for support group based on them rather than Reg 35?
worried about using wrong wording.
Many thanks
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- Gordon
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8 years 2 weeks ago - 8 years 2 weeks ago #156114 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Q's
[quote="Jayne
" post=156113]Hi - just a little more help needed please.
Is there any official wording I should use at the back of my ESA reassessment form to ask to be considered for the Support Group?
Do I need to state the whole Reg 35 (2) substantial risk etc reg in full? Also i have read that
there are certain descriptors that are automatic support group - should I be asking for support group based on them rather than Reg 35?
worried about using wrong wording.
Many thanks[/quote]
As Regulation 35 is not covered elsewhere in the form you should definitely explain how and why you meet this either in the Other Information section or in attached pages, for the individual activities I would explain why you meet an SG descriptor in our answer to that question.
The ESA Claim guide explains which are the activities that have a SG equivalent.
Gordon
" post=156113]Hi - just a little more help needed please.
Is there any official wording I should use at the back of my ESA reassessment form to ask to be considered for the Support Group?
Do I need to state the whole Reg 35 (2) substantial risk etc reg in full? Also i have read that
there are certain descriptors that are automatic support group - should I be asking for support group based on them rather than Reg 35?
worried about using wrong wording.
Many thanks[/quote]
As Regulation 35 is not covered elsewhere in the form you should definitely explain how and why you meet this either in the Other Information section or in attached pages, for the individual activities I would explain why you meet an SG descriptor in our answer to that question.
The ESA Claim guide explains which are the activities that have a SG equivalent.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by Gordon.
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