- Posts: 12
× Members
Support Group Reassessment very early
- Mel
- Topic Author
- Offline
Less More
6 years 10 months ago #215026 by Mel
Support Group Reassessment very early was created by Mel
Hi,
I succesfully applied for ESA for my daughter in Autumn last year, backdated to 21st April 2017. She was placed straight into the support group and didn't even need to attend a face to face.
I can't find the letter, but I understood this was for 3 years, so expected that she would be reassessed no earlier than 2 years after April 2017 - ie not before April 2019, but hopefully a lot later than that.
As her appointee I've just received a new ESA50 that has to be completed by 17 August (bad timing, I'm just about to go on holiday).
BUT this is incredibly early, it's only about 6 months since the decision was made to place her into the support group and 15 months since the start of the backdated award.
It's very difficult to get her to play ball with filling in the forms because of her mental health disability, and last time we had to do this it cause some severe problems, even putting me in danger and my daughter had then and still has tried to commit suicide a number of times.
I'm worried this will put her life and certainly her health at risk.
What can I do to challenge this?
(I don't suppose it is relevant, but she was also in January this year awarded enhanced rate PIP.)
I succesfully applied for ESA for my daughter in Autumn last year, backdated to 21st April 2017. She was placed straight into the support group and didn't even need to attend a face to face.
I can't find the letter, but I understood this was for 3 years, so expected that she would be reassessed no earlier than 2 years after April 2017 - ie not before April 2019, but hopefully a lot later than that.
As her appointee I've just received a new ESA50 that has to be completed by 17 August (bad timing, I'm just about to go on holiday).
BUT this is incredibly early, it's only about 6 months since the decision was made to place her into the support group and 15 months since the start of the backdated award.
It's very difficult to get her to play ball with filling in the forms because of her mental health disability, and last time we had to do this it cause some severe problems, even putting me in danger and my daughter had then and still has tried to commit suicide a number of times.
I'm worried this will put her life and certainly her health at risk.
What can I do to challenge this?
(I don't suppose it is relevant, but she was also in January this year awarded enhanced rate PIP.)
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
6 years 10 months ago #215045 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Support Group Reassessment very early
Mel
I'm afraid that ESA Decisions do not include an award length or reassessment date, the DWP can initiate a reassessment at any time they wish once three months have elapsed from the previous Decision. If your daughters award is based on mental health issues then it is not unusual for a reassessment to be done sooner rather than later.
This is a full review of her claim, you need to treat it as a new claim and complete the form is detail and submit any relevant evidence as you can, even if it was previously submitted. If she qualified under the Substantial Risk criteria then you must submit new evidence that she continues to meet that criteria, unlike the other ESA activities there is no presumption of on-going disability.
Gordon
I'm afraid that ESA Decisions do not include an award length or reassessment date, the DWP can initiate a reassessment at any time they wish once three months have elapsed from the previous Decision. If your daughters award is based on mental health issues then it is not unusual for a reassessment to be done sooner rather than later.
This is a full review of her claim, you need to treat it as a new claim and complete the form is detail and submit any relevant evidence as you can, even if it was previously submitted. If she qualified under the Substantial Risk criteria then you must submit new evidence that she continues to meet that criteria, unlike the other ESA activities there is no presumption of on-going disability.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Mel
- Topic Author
- Offline
Less More
- Posts: 12
6 years 10 months ago #215164 by Mel
Replied by Mel on topic Support Group Reassessment very early
Thanks - I'm surprised that mental health issues get reassessed sooner than physical ones. It's not likely my daughter's condition is going to suddenly get better, it's likely to take years for any significant improvement, even the waiting list for therapy was 2 years!
Wasn't there something to say that DWP shouldn't continually reassess people with mental health conditions because of the serious impact it could have on them - anxiety leading to possible suicide?
It was really challenging last time to help her to claim, something she can't do alone - but just the act of claiming and the stresses around that put her, and even me in danger due to her condition and affected both our mental health. I dread going through all that again. It's made me all quite ill and I thought at least there would be some reprieve for a while.
Is there any point asking DWP and challenging this - if so how am I best approaching that?
Wasn't there something to say that DWP shouldn't continually reassess people with mental health conditions because of the serious impact it could have on them - anxiety leading to possible suicide?
It was really challenging last time to help her to claim, something she can't do alone - but just the act of claiming and the stresses around that put her, and even me in danger due to her condition and affected both our mental health. I dread going through all that again. It's made me all quite ill and I thought at least there would be some reprieve for a while.
Is there any point asking DWP and challenging this - if so how am I best approaching that?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
6 years 10 months ago #215179 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Support Group Reassessment very early
Mel
You can try involving your MP but please do not lose track of the fact that the ESA50 has to be with the DWP by the required date, there are no extensions available for completing the form and failing to return it on time can result in the claim being closed.
Contacting your MP
Gordon
You can try involving your MP but please do not lose track of the fact that the ESA50 has to be with the DWP by the required date, there are no extensions available for completing the form and failing to return it on time can result in the claim being closed.
Contacting your MP
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, latetrain, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David