ESA success with no assessment

Given the number of horror stories, I thought one that was more optimistic might raise spirits, albeit with a cautionary note.

I have been on ESA since 2010 and the previous two decisions immediately following the related assessments had to be challenged. The challenges were successful through appeals, one of which went to Tribunal but, of course, they took months to sort out with all the inherent stress.

The latest assessment was overdue by three years having been originally due in approximately March 2013. Presumably, this was due to the chaotic state of affairs with the DWP and the companies contracted to undertake the assessments. On the face of it, that seems great; a three year run with no assessment to contend with. However, it isn't that simple. I have two conditions that are exacerbated by stress, these being Chronic Fatigue Syndrome and depression. The three year delay in not knowing what was going to happen or when was like having the sword of Damocles hanging over my head and there was no respite from the inherent stress of that situation.

When the dreaded white envelope dropped through three months ago, it had a huge impact on my health but, somehow, with help from a professional welfare rights expert, I managed to complete the ESA50.

Prior to completion and through gritted teeth, I looked through a range of publications both on the B&W website and elsewhere. However, the most useful advice came from the feedback from a couple of other members and, hopefully, this may be of use to others.

The two main conditions affecting my ability to work fluctuate substantially. In turn, it made answering some of the ESA50 questions more difficult; for example should I tick the "it varies box" or the "no" box? In the end, courtesy of members' feedback, I took the questions literally but answered many questions with a clear (truthful) statement about relevant limitations being for "the majority of the time" and/or "on the majority of occasions". Where relevant, reference was made to "reliably, repeatedly, safely" etc. I also put in the ESA50 a request that the assessment was to be recorded and that I was unable to use public transport.

Initially, I got a letter stating my assessment appointment was "cancelled" and a potentially ambiguous statement "...if you would like more information about why you no longer need this assessment...", to contact JC+. This was a bit confusing because, at that point, I hadn't received any communication indicating I had in fact been asked to attend in the first place. Accordingly, I took the bull by the horns and telephoned the DWP tel no. given the the HAAS letter.

To my astonishment, especially when taking into account the rather mixed info my GP had given to the HAAS (by way of the ESA113 form), the DWP advised during the telecon I would not be required to attend an assessment at all and that the next one was now scheduled for Mar 2019.

Now, assuming I don't get a letter in the next few weeks completely reversing the above (I have had my fingers burnt far too many times to take anything for granted), it seems the DWP has finally, after 6 years, got a first-time-decision correct (not counting the decision on the original claim for the initial assessment period). If this pans out, it will be the first time in YEARS I haven't had something hanging over me from the DWP. Sure, my DLA is up in December but at least it's 3-4 months before the "war" to get PIP starts.

If only my health improves sufficiently by Mar 2019 so that I can leave the thoroughly unpleasant world of benefits behind...

To (almost) close, many thanks to all those responsible for providing the pieces of info and advice that, I suspect, went a long way to HAAS deciding an assessment was a waste of time (ultimately, it would have been).

As an aside, I don't think BREXIT (I don't take it for granted this will necessarily come to pass) will, in the LONG term, make much difference to this government's attitude and approach to those on benefits. But, that debate is for another thread.

That's very good news. You cannot be found 'fit for work' without a face2face, so it is now a case of waiting to see which level of ESA you have been awarded.

Please reply to this message when your Decision letter has arrived and let us know whether you have been given SG or WRAG. You will find it easily in future if you bookmark/favourite it on your web browser now

I have delayed responding as I wanted to wait until the date of the medical passed without a letter arriving saying I had failed to attend (yup, I have no faith in Maximus or the DWP). Well, that hasn't happened so I'm starting to believe it is for real (that there will be no assessment).

There has been no DWP letter and I'm not sure one is needed. I was already in the Support Group and there had been no material change in my circumstances. As such, my understanding is there is no requirement for a further notification letter from the DWP.

Even if that is not technically correct, I am quite happy for there to be no letter for three reasons:

1) If it subsequently turns out the DWP have decided to change my entitlement, any overpayment under current legislation would not be recoverable, and

2) Without a notification, any decision purportedly made has no legal effect ("Anufrijeva"), and

3) Without a notification, the clock for time limits on appeal / reconsideration rights doesn't start ("Martin").

Of course, if/when the legislation for ESA overpayments changes (i.e. all OPs will be recoverable as with Universal Credit), that's a different kettle of fish altogether.

If the legal authorities cited above are of interest and you can't locate the judgements online, let me know and I'll post the links.

Hi Gordon. Thanks - I appreciate the heads up on the distinction between a notification not being sent and one sent but not received.

A letter definitely hasn't been received but I don't intend to contact the DWP. As you've probably guessed from my last post, I have some knowledge of the overpayment provisions and, as the law currently stands, the ESA notification won't be critical based on the facts of my case. If it was HB, I'd be a bit more concerned.

If it wasn't for the my health situation, I'd have been more than happy to help B & W every now and again. Unfortunately, I don't have enough in the tank. So, keep it going and I for one appreciate the information on the site about ESA / DLA etc.