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Unexpected ESA Face to Face Assessment

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5 years 1 month ago #228641 by woody34
My wife (appointee for another family member), received an invitation for them to a face to face assessment a few days ago. It's completely unexpected so I wonder why?

ESA in the support group was originally awarded due to mental health in October 2017, back dated to April 2017, and no face to face was required, presumably based on medical evidence and the evidence provided of exceptional circumstances, including attempted suicides and risk of harm.

Then in August 2018 we were required to complete a new ESA50. We hear nothing since but have had various letters about payments which continued as before, We assumed the review must have decided that the same decision was to be made - continuing in the support group,

Now there is this unexpected invitation to a face to face, could it be due to the ESA50 from August last year? Or could it be an automated letter sent by mistake? It seems strange that a F2F is now required, when before it was not required and there have been no significant health changes, and the same (albeit updated) evidence of exceptional circumstances were supplied in August with the ESA50.

How can we best challenge the need for a F2F since this wasn't required before?

We're really worried that a F2F or and adverse decision could cause risk to others or another attempted suicide.

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5 years 1 month ago #228652 by Gordon
Replied by Gordon on topic Unexpected ESA Face to Face Assessment
Woddy

There are considerable delays in the ESA assessment process so I expect that this appointment is the result of the ESA50 completed last year, if the claimant's conditions have changed since the form was completed then the appointee should write a letter explaining the differences, try and use the same structure as the ESA50.

Send a copy to Maximus as soon as it is available and take a copy to the assessment if it is still required, I would also send a copy to the DWP office dealing with the claim.

www.chdauk.co.uk/contact-us

I'm afraid those assessing this person will not accept the testimony of someone who is not a medical professional, even an appointee, they will need the input of a GP or similar to both request a Paper Based Review and to provide any additional information that the assessor might require.

They can gain more time by cancelling the current appointment, I would not do so until the day before, the claimant will need to attend any new appointment that is made if a PBR is not offered, or they risk the claim being closed. The appointee must attend.

Gordon

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5 years 1 month ago #228692 by woody34
Replied by woody34 on topic Unexpected ESA Face to Face Assessment
Nothing has changed much about the disability since August and the evidence presented on the revised ESA50 was much the same as last time (albeit updated with more recent examples), for which no face to face was deemed necessary.

We phoned DWP, who refused to let us speak to a decision maker and said that an assessment was needed, despite nothing having changed and the evidence of serious risk to various people if it went ahead.

The family member is refusing to go to the face to face saying they are too ill. They would rather be without benefits and move back home - which unfortunately would put me and the appointee (and our property) in danger. Worse, the family member would be in danger of suicide too, having previous tried to commit suicide many times.

What can we do, is there a way to get the decision to require an assessment to be reviewed? The DWP person we phoned suggested asking for a home visit, and give evidence of risk in the letter about that in the hope the assessment provider decided to cancel the assessment. But a home visit would be just as difficult and unlikely to happen and risky as a face to face - because of the mental health problems.

It might be difficult to get the family member to do it, but what if they asked their doctor to write a letter to the DWP or to the assessment provider? Or, could the appointee write to DWP or the Assessment provider, with evidence of the current situation as a result of the family member being told about the assessment appointment, and ask them to contact the doctor?

What if the appointee attends without the claimant?

What if after failing to attend we submit that because of the illness there was good cause not to attend?

It seems like, just being told about the appointment has sent our family member into emotional meltdown.

Is there any value in cancelling the appointment as you say, despite the fact we don't want to complete a new ESA50, because nothing much has changed and because completing another form would create similar dangers and risks to the appointee, the claimant and I as attending a face to face?

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5 years 1 month ago #228694 by Gordon
Replied by Gordon on topic Unexpected ESA Face to Face Assessment
woody

There's no point you contacting the DWP, assessment decisions are made by Maximus.

Have you spoken to the claimant's GP to see if they can provide up to date information?

So as I said in my previous answer, cancelling the current appointment will give you more time to sort things out, providing of course that it is the first appointment.

If they fail to attend then their file will be returned to the DWP. They may accept that they had Good Cause for doing this and at this point, may ask Maximus to consider either a home assessment or a Paper Based Review but ultimately, Maximus must be able to write an assessment report and they have already decided that they do not currently have sufficient information.

If the DWP do not believe there was Good Cause then their ESA claim will be closed, this is an Appealable Decision but could take months to resolve with no payments unless the person claims UC but based on your post they would fair no better with this.

Gordon

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5 years 1 month ago #228699 by woody34
Replied by woody34 on topic Unexpected ESA Face to Face Assessment
Thanks.

Sounds like the only way to avoid serious problems is to try to get the doctor to help.

Unfortunately we can't talk directly to the GP, and the family member might find it difficult or just refuse to talk to them about this.

Can we ask Maximus to obtain more details from the GP, I guess they must have done this last time and (other than that) they had the same information last time, yet did a paper decision then?

Would they continue to get her PIP (and presumably therefore housing benefit) if the ESA was stopped pending appeal?

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5 years 1 month ago #228712 by Gordon
Replied by Gordon on topic Unexpected ESA Face to Face Assessment
woody

You said that your wife is the appointee for this person, this gives her no extra rights with regard to accessing the person's medical information but you are not asking for that, you would be asking for the GP to engage with Maximus.

You can certainly contact Maximus to ask them to contact the GP and I would but they are under no obligation to do so and they may not ask the right questions to avoid a face to face. The following is the form that they will send.

assets.publishing.service.gov.uk/governm...a113-interactive.pdf

This should not affect their PIP and as a worst case, Housing Benefit can be claimed on the basis of Nil Income.

Gordon

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