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TOPIC: Assessment

Assessment 3 months 3 weeks ago #229359

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?

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Assessment 3 months 3 weeks ago #229378

Daniel

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm afraid Regulation 35 does not exempt a claimant from being requested to attend an assessment, there is also the problem that there is no assumption of on-going disability for the Substantial Risk Regulations, you need to show that you meet the criteria with up to date evidence each time you are assessed.

For a home assessment, you are going to need a letter from your GP explaining in unambiguous terms why you cannot attend at Maximus's offices.

Gordon
The following user(s) said Thank You: Daniel

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Assessment 3 months 3 weeks ago #229384

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

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Assessment 3 months 3 weeks ago #229406

Daniel

No, the information is correct but I am afraid you have misread it. For example;

"This means that if you have accessed the Support Group via Regulation 35(2)(b) only, you may not be exempt from re-assessments."

Also, the exemption, if applied, only does so after another WCA has been done.

Gordon

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Last edit: by Gordon.

Assessment 3 months 3 weeks ago #229420

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!

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Assessment 3 months 3 weeks ago #229437

Daniel

How much support will your Gp give you?

Gordon

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