× Members

ESA reassessment waiting period

  • LauraB
  • Topic Author
12 years 1 month ago - 12 years 1 month ago #102335 by LauraB
ESA reassessment waiting period was created by LauraB
Hi All

I was in the ESA support section, until October 12 when advised I needed a medical assessment.

My support worker telephoned to advise that due to my illnesses, I would need a home assessment, such as they had done previously. They asked for a letter from my doctor to confirm this and a letter was sent straight away.

Instead of receiving a letter to advise when the home assessment would be undertaken, I received a letter stating I had been taken from the support group and placed into the work related group and due to this, my benefits would be £20 less a week!

I immediately wrote back and asked for a reassessment, and provided an array of proof of my illnesses and that I was unable to work.

It is now April 13 and I STILL have not heard back. My support worker telephoned them recently and was told it was 'in a queue'.

Apologies for this long-winded query, however wonder whether there is anything else I can do.....six month is a long time to wait when they were at fault for placing me in the wrong group?!

Thanks

L
Last edit: 12 years 1 month ago by slugsta.

Please Log in or Create an account to join the conversation.

More
12 years 1 month ago - 12 years 1 month ago #102341 by slugsta
Replied by slugsta on topic ESA reassessment waiting period
It is not unusual for 'reconsiderations' to take up to 6 months, but anything more than that is extreme. You shouldget your support worker to keep chasing DWP. Some people get their MPs involved, that can speed up the process but should not influence the result

Contacting your MP

You could also complain to DWP

Complaining to the DWP

I don't think you will get DWP to admit to putting you in the 'wrong' group, even if they do put you into the Support Group on reconsideration :(

You do need to be clear that being 'unable to work' puts you into the WRAG only, the Support Group means that you 'have limited capacity for work-related activity'


Qualifying for the Support Group

If you asked for a 'reassessment' then you would need to submit a formal appeal if the reconsideration does not go in your favour. You would have one month from the date of the new decision letter in which to do so.

If you have any further questions, please come back and ask them here when the forum reopens. it does help if you keep everything together in one thread/topic. You will be able to find it easily in furture if you mark it as a 'favourite' now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 month ago by slugsta. Reason: tick
The following user(s) said Thank You: Roidininki , LauraB

Please Log in or Create an account to join the conversation.

More
12 years 1 month ago - 12 years 1 month ago #102363 by Roidininki
Replied by Roidininki on topic ESA reassessment waiting period
May I just ask ? If a claimant has been in the SG . the reason for this limlited capability for work activity then is called for a face to face reassesment after filling in a new ESA50 because time was up does it make sense that the person remains in SG if there cannot be a change due to a severe mental illness diagnosis ?
Last edit: 12 years 1 month ago by .

Please Log in or Create an account to join the conversation.

12 years 1 month ago - 12 years 1 month ago #102366 by
Replied by on topic ESA reassessment waiting period

Roidininki wrote: May I just ask ? If a claimant has been in the SG . the reason for this limlited capability for work activity then is called for a face to face reassesment after filling in a new ESA50 because time was up does it make sense that the person remains in SG if there cannot be a change due to a severe mental illness diagnosis ?


Hi R,

I am afraid that each assessment and any reassessment are done on more or less a standalone basis.

In other words, one should not assume that as they may have been placed into The SG on one assessment that they would remain in The SG at any future reassessment.

This is why we advise that any reassessment should be treated as if it was the claimant's first.

bro58
Last edit: 12 years 1 month ago by .

Please Log in or Create an account to join the conversation.

More
12 years 1 month ago - 12 years 1 month ago #102370 by Roidininki
Replied by Roidininki on topic ESA reassessment waiting period
Thankyou . So when the Atos report goes to the Decision Maker is the fact that the claimant was previously put into the SG by one of them not taken into consideration at all ?
Last edit: 12 years 1 month ago by Gordon.

Please Log in or Create an account to join the conversation.

More
12 years 1 month ago #102375 by Gordon
Replied by Gordon on topic ESA reassessment waiting period

Roidininki wrote: Thankyou . So when the Atos report goes to the Decision Maker is the fact that the claimant was previously put into the SG by one of them not taken into consideration at all ?


In principle the Decision Maker must show that there has been a change which would justify the removal of the claimants Support Group status, however, the problem is that it may not be possible to show that the have dis-charged this responsibility without going to a Tribunal.

Also, you must also factor in changes to the Descriptors and Regulations, you do not say when you were last assessed but there were changes in January of this year and a substantial change in March 2011.

Also there may well be an assumption by the DM, valid or not, that a claimants health will improve with treatment and their level of disability will reduce as they adapt to their limitations.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Roidininki

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.