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ESA without reassessment: a post from Gordon (c. 2019/20)

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1 year 11 months ago #270355 by MariW
Dear Mods,

Last week I queried whether the DWP occasionally carry out “behind the scenes” assessment without the claimant receiving a new ESA50 or going through a WCA.

Over the weekend, I went Googling for information as to why I have been so many years without my having to complete another ESA50.

Google led me to a post by Gordon in reply to a member’s concern. I think the member’s name began with a C. The gist of Gordon’s reply, as I understood it, was that claimants could go for extended periods without a WCA at the discretion of the DWP.

I immediately “favourited” the thread that I think dated from 2019 or 2020. However, this morning I cannot locate it. The last topic shown dates from 2021. I’ve lost multiple useful threads.

However, to return to the thread to which Gordon contributed are you able to comment on what I believe I have reported accurately?

Thank you, Mari W

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1 year 11 months ago #270374 by MariW
I have since found the thread by wading my way through Google history. It dates from 4 years and 1 month ago and is headed “Nearly 6 years in ESA Support Group with no review”.


The OP’s first question is numbered #209884
Gordon’s responses are numbered #209921 and #2241448


Gordon wrote:

“The DWP can reassess without contacting the claimant but it is rare and is very dependent on their conditions.”

“The DWP do review a very small numbers of claimants just on the information they already have or on this and any information that a medical colleague can provide."

MariW
The following user(s) said Thank You: Gary

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1 year 11 months ago #270375 by Gary
Hi MariW

Gordon does sometimes read what is happening on the forum so he may reply to your thread himself.

As I have never been an assessor or a decision maker I cannot answer your question, I do know that decision makers can make paper decision on the evidence before them.

So if someone has a lifetime debilitating condition one would hope the DWP would use their common sense.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 11 months ago #270380 by Gordon
Mari

I'm not entirely sure what you are asking but will follow on with the existing replies.

As Gary has said, we are not DMs so there is no way that we can pre-empt what may happen with an individual claim.

There is no legal requirement for an ESA50/UC50 to be issued nor is there a requirement for what I will call an interactive assessment to be done.

The DWP have two choices, the DM can make a Decision based on the information they already have, an example would be where the claimant has a recognised degenerative condition and has already met the LCWRA criteria.

Secondly, the DWP can refer the claimant's file to the Assessment Provider and they can decide to make a recommendation based on the information already available or perhaps including additional information that they source at the time.

Does this happen very often, based on some 12 years on the forum, no! There was an increasing trend, perhaps prompted by the length of the queues for re-assessment but I would be surprised if it exceeded 3% of reassessments and probably a lot less.

If there is more to your question then please re-post.

Gordon

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