Assessment

Hi all, I would appreciate any advice please.

I’ have been called for an assessment for ESA even though it was previously awarded 2 years ago under rule 35. Does anyone know why I would be recalled for an assessment when rule 35 would always apply? I expected the DWP to automatically award ESA because my circumstances aren’t going to change. My previous award was granted on appeal. It stated
Claimant is significantly limited. As a result schedule 2 descriptors are satisfied. If claimant is found capable of work related activities, this would result in substantial risk of deterioration and injury to her physical health, arising from the multi-system symptoms, arising from a ehlers danlos syndrome and a substantial risk of deterioration in her mental health. Although I was only awarded for two years by the tribunal I did not expect to be recalled, purely because my condition is degenerative and certainly isn’t going to improve.

They’ve also insisted I travel to an assessment centre rather than grant a home visit. I was thinking of ringing the DWP and asking why they would re-assess me based in the previous ruling? Surely this is a waste of their time if nothing’s going to change with my health? Can I challenge the fact I’ve been called for an assessment.

Any advice, experiences would be appreciated?

Gordon I was going on information provided on the following links regarding re-assessment. Are you saying the information is incorrect?

www.actionforme.org.uk/news/exclusion-fr...a-criteria-released/


researchbriefings.files.parliament.uk/do...BP-7820/CBP-7820.pdf

Thanks Gordon

That is confusing when you consider it’s possible to qualify for the support group based on regulation 35 without scoring points for the descriptors. Particularly when someone suffers from a life long condition that’s only going to get worse. Surely it’s a waste of time and money when you consider the costs involved in re-assessing people.

The regulation states the claimant would be at substantial risk if found capable of work. The mere fact that a person suffers a lifelong degenerative disability isn’t going to change. Particularly if the original award was made on that basis.

This is all so stressful I’m seriously struggling!