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Very Stressed. ESA Assessment Without ESA50 Form.

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5 years 11 months ago #230124 by Cal7
DWP cancelled my assessment a year ago - on the day the appointment was scheduled (they phoned me). I received a few days ago 14 days' notification of an assessment for ESA. At no point have I received a ESA50 form or reminders.

DWP are trying to persuade me to go ahead with the current appointment, but I have read I may be at a distinct disadventage should I do so without a current ESA50. Without the form the decision maker can only consider what the assessor chooses to write down apparently.

I would like to have the form with the DWP before I attend and in any case I need longer to prepare myself due to anxiety.

On what grounds can I reschedule the appointment and have the opportunity to fill in the ESA50 form? Do I have any rights to reschedule and insist they send me the ESA50? I would rather not rely on emailing them an electronic form and turning up with a filled in version. Especially as it would greatly add to my anxiety and I feel I need longer to try to calm down and prepare for the assesment.

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5 years 11 months ago #230167 by Gordon
Cal

There is no legal requirement for an ESA50 to be issued as a part of a reassessment so I'm afraid you cannot use this as a reason to delay the assessment but you can download and complete an ESA50, see

www.gov.uk/government/publications/capab...r-work-questionnaire

or alternatively write a letter explaining your problems, if you do then stick to the same format as the ESA50.

Gordon

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

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5 years 11 months ago #230200 by Cal7
Thanks for replying Gordon.

I'm in bits about this and it's really affecting my ability to think straight.

How should I get the form to them? Assuming I cannot rearrange rthe appointment to a point further ahead in time, it would seem there's insufficient time to get a form to them by post and have them process it on their end. If that's the case, do I just take it with me to the appointment and hand it in at reception or directly to the assessor? Could they refuse to take the form into consideration on the day of the appointment?

I don't like this situation about the form at all. I feel I am being set up to fail the assessment.

Another issue is rearranging the appointment. Are they likely to honour such a request? I assume I shouod phone not the DWP but the assessment company?

To put my mind at rest a little, can everyone go to a tribunal in every instance of failing the assessment?

Any relevant input would be really appreciated.

Thanks.

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5 years 11 months ago #230209 by Gordon
Cal

Providing this is the first assessment you have received this time around then you can cancel and either arrange a later date or wait for one to be sent, you must attend this new appointment or your file will be returned to the DWP for failing to attend.

If the timescales allow then post the ESA50 to the venue, either way, take a copy with you and ask the assessor to read it and include it in your file before they start the interview. In addition, send a copy to the DWP office dealing with your claim with a covering letter explaining what it is.

Gordon

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

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