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Concerns about ESA assessment

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12 years 1 week ago #105437 by Gordon
Replied by Gordon on topic Concerns about ESA assessment

Evelyn wrote: Thanks Gordon for the reminder.
I am thinking of asking ATOS for a later date when my friend can be with me but do you know how far from the original date I can ask ATOS to put back? The date I have in mind is about 6 weeks from the original date they gave. I did stated in the completed forms that my friend who will accompany me to any assessment is available until the beginning of June and they have given me a mid June appointment and now she will not be available to accompany me until end of July.
If end of July is not possible, then I will have no choice but to let ESA go as I know I will not be able to cope going alone.

I do have a concern about the DLA - refusal to go to a medical will result in the three possible outcomes - place on SG, WRAG or lose ESA altogether. My question is would this then affect the DLA payment to me, at present I have higher mobility and lower care component.


ATOS are supposed to assess claimants at the earliest opportunity so they will not be in favour of pushing it back, but that does not stop you asking.

As to the DLA, there are no hard and fast rules, but it possible that a failed ESA claim can result in a DLA claim being re-assessed.

Gordon

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

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  • bro58
12 years 1 week ago - 12 years 1 week ago #105438 by bro58
Replied by bro58 on topic Concerns about ESA assessment

Evelyn wrote: Thanks Gordon for the reminder.
I am thinking of asking ATOS for a later date when my friend can be with me but do you know how far from the original date I can ask ATOS to put back? The date I have in mind is about 6 weeks from the original date they gave. I did stated in the completed forms that my friend who will accompany me to any assessment is available until the beginning of June and they have given me a mid June appointment and now she will not be available to accompany me until end of July.
If end of July is not possible, then I will have no choice but to let ESA go as I know I will not be able to cope going alone.

I do have a concern about the DLA - refusal to go to a medical will result in the three possible outcomes - place on SG, WRAG or lose ESA altogether. My question is would this then affect the DLA payment to me, at present I have higher mobility and lower care component.


Hi E,

Failure to attend, can result in a fit for work decision on a technicality.

We have heard from members where a fit for work decision as the result of a face to face assessment, and resulting adverse ESA85 medical report, has instigated a review of a current DLA award.

The obvious difference between fit for work due to failure to attend, and fit for work as the result of a face to face, would be that there wouldn't be an ESA85 Medical Report in the first instance. Your file would have been returned to The DWP.

Therefore, it is hard to say whether failure to attend would have such an adverse effect on your DLA award.

As you currently have Indefinite DLA awards, as things stand, you would not be invited to claim PIP until after October 2015.

Of course all indefinite DLA awards can be reviewed at random under :

The Right Payment Programme

bro58
Last edit: 12 years 1 week ago by bro58.

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  • sgb2000
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12 years 1 week ago #105471 by sgb2000
Replied by sgb2000 on topic Concerns about ESA assessment
Thank you very much for the comments. I will follow up the suggestions.

Also I have already changed my assessment date once once already. Nothing was mentioned about this 'two strike' policy when I asked for a different date. Therefore I presume I have to turn up on the rearranged date?

If the worst comes to the worst and I do have to attend on my own, I am very concerned I will be unable to articulate my case properly. What has happened to others in a similar situation?

Regards

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11 years 11 months ago - 11 years 11 months ago #107611 by Evelyn
Replied by Evelyn on topic Concerns about ESA assessment
Hi I am not sure where my post has gone, so I am writing this again.
I just want to inform you all of the good news that I have been put in SG CB again.
Many many grateful thanks to you Mods for all your help and kind words of encouragement this few months while I was coping with the ESA50 and F2F appointment.

However something at the bottom of the letter after the calculation has got me confused:

However because you are entitled to contribution based Employment and Support allowance we will pay you xxxxx amount. the amounts on this page apply from 13 April 2013 to 29 November 2013..

When my friend queried this for me, she was told that yes, the money will stop on 29th November as it is CB on my NI contributions so it is only for 365 days.

Even if it is 365 days, it is not right as I was sent the ESA50 to complete by the 3rd May this year.

Because of this, I am sorry i am going to trouble you again.
Can anyone please shed any light on this for me?
Thanks very much.
Last edit: 11 years 11 months ago by bro58.

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  • bro58
11 years 11 months ago - 11 years 11 months ago #107613 by bro58
Replied by bro58 on topic Concerns about ESA assessment

Evelyn wrote: Hi I am not sure where my post has gone, so I am writing this again.
I just want to inform you all of the good news that I have been put in SG CB again.
Many many grateful thanks to you Mods for all your help and kind words of encouragement this few months while I was coping with the ESA50 and F2F appointment.

However something at the bottom of the letter after the calculation has got me confused:

However because you are entitled to contribution based Employment and Support allowance we will pay you xxxxx amount. the amounts on this page apply from 13 April 2013 to 29 November 2013..

When my friend queried this for me, she was told that yes, the money will stop on 29th November as it is CB on my NI contributions so it is only for 365 days.

Even if it is 365 days, it is not right as I was sent the ESA50 to complete by the 3rd May this year.

Because of this, I am sorry i am going to trouble you again.
Can anyone please shed any light on this for me?
Thanks very much.


Hi E,

Congratulations on The SG award !!! :cheer:

Thanks for letting us know, and for your kind comments.

As you are in The SG, there is no 365 day limit to entitlement of CB ESA.

The 365 day rule only applies to claimants placed in The WRAG in receipt of CB ESA. :


12 Month Limit for ESA(CB)


This November date on your decision notice letter has nothing to do with how long your award will last before reassessment, or how long you will continue to receive payment.

It is simply for admin purposes, as the next pay week after that date may include the Xmas Bonus.

To find out how long your SG award should last before you are reassessed, you can ring the number on the letter, and ask for the prognosis, (the recommended length of the award) they may have it on their computer screen.

If you want confirmation in writing, you can request the ESA85/A Medical Report, which should include the prognosis of the award.

The maximum prognosis is 3 years.

ESA medical – what forms to ask for?

How often will I be reviewed

Sending Documents to the DWP or ATOS

bro58
Last edit: 11 years 11 months ago by bro58.

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11 years 11 months ago - 11 years 11 months ago #107618 by Evelyn
Replied by Evelyn on topic Concerns about ESA assessment
Thanks Bro for that clear explanation.

I was already contemplating that if they stop the money in November, I will not be doing anything about it as this one had given me such stress that I have lost half the hair on my head since May! I am not joking. It was that bad.

Oh yes, the letter also mention that there will be a bonus of £10 to be paid in the beginning of Dec.

Why didn't I get it last time while also on SG CB.
Last edit: 11 years 11 months ago by bro58.

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