ESA prognosis time and early form

Chris29 wrote: I have found out whats happened, I think its fraud but what do you guys think.

At first they wouldnt say why I have this early review but eventually they admitted they backdated my decision date from oct 24 to my WCa date which was in july.

So basically they changed my decision date when I was moved to SG.

So I guess the new question is can the DWP do things like move the decision date legally?

Hi C29,

It is highly unlikely that this could be classed as fraud.

A friend of mine recently had a similar experience, where they received an ESA50 around 5 months before their expected reassessment date rather than the norm which is around 2 months.

They queried it with The DWP WCA Team, who admitted that there had been an error, in that the reassessment date on screen was actually the 2 year anniversary date of their first referral for an assessment to ATOS., rather than the 2 year anniversary of the date of the award decision. (they had a 2 year prognosis)

The problem was rectified and a letter of apology was received.

Maladministration, ? maybe, but doubtful, fraud ? I think not.

There is little you can do, as the prognosis is only a recommendation of when you should be reassessed and does not form part of the ESA award.

Theoretically, a claimant can be reassessed anytime after 3 months of a current award. In reality, they generally abide by the prognosis, but do not have to.

bro58

Hi bro, I think a similar thing has happened to me that happened to Chris and your friend. I was placed in SG for 2 years in Sep 2011 (although I am aware they can reassess you after 3 months). I received my reassessment form at the beginning of May this year and I've sent it away and I'm now waiting for a date to attend an assessment (probably!). I would have expected to get the form in, say, around July 2013 instead of May. I have noticed on the last SAR stuff I got that it says my case is to be reviewed by July 2013. I also recall that the last assessment form I got was received by me in July 2011, so it's 2 years from July 2011 - July 2013. So I was wondering if they make a mistake with my stuff like they did with your friend? Would there be any point in me writing and asking them when they send out the forms or what where that review date of July 2013 came from? Or maybe I should just forget about it incase they decide to 'punish' me in my current claim for asking to many questions about their administration!

mumsgirl wrote: Hi bro, I think a similar thing has happened to me that happened to Chris and your friend. I was placed in SG for 2 years in Sep 2011 (although I am aware they can reassess you after 3 months). I received my reassessment form at the beginning of May this year and I've sent it away and I'm now waiting for a date to attend an assessment (probably!). I would have expected to get the form in, say, around July 2013 instead of May. I have noticed on the last SAR stuff I got that it says my case is to be reviewed by July 2013. I also recall that the last assessment form I got was received by me in July 2011, so it's 2 years from July 2011 - July 2013. So I was wondering if they make a mistake with my stuff like they did with your friend? Would there be any point in me writing and asking them when they send out the forms or what where that review date of July 2013 came from? Or maybe I should just forget about it incase they decide to 'punish' me in my current claim for asking to many questions about their administration!

Hi mg,

As I think that you have already returned your ESA50, I don't really see any point, but it is up to you.

Even if an ESA50 is sent out in error, and the claimant fills it in and returns it, they are allowed to use any information in the ESA50.

I did think that your ESA50 had arrived rather early, however at that time I thought nothing off it.

Since then there has been a pattern developing with our members, which I have also noted on other forums where the ESA50 has been received much sooner than expected.

My friend had the date of their prognosis, as they had requested it as soon as the award was made. They rang the DWP WCA Team up straight away on receiving The ESA50, and it was sorted out pretty quickly.

If you recall back to around 2011, claimants then had 6 weeks to fill in and return their ESA50's plus ATOS were taking much longer to post out the ESA50's on receiving a referral.

Now it seems that the ESA50's are being sent out within a few days of ATOS receiving the referral from The DWP, and the claimant now only has 4 weeks to fill in and return the ESA50.

As you know, you have no legal argument with regards to being reassessed early.

The only option would be to contact one's M.P. and kick up a fuss.

bro58

Well now its different, your example is different. In your example they moved the prognosis date.

They have actually moved my decision date, thats the same as a bank altering transaction dates on a bank statement after statements been issued.

What would happen eg. if I went to a tribunal stating 24 oct decision date and then they said no is no record of a decision made on that date (because DWP changed it).

So whilst I accept the prognosis dates have no legal meaning, I dont accept it as ok for decision dates to be changed after a decision has been made.

So we are talking about 3 different things here.

WCA dates.
Reassessment dates.
Decision dates.

I am going to try and get written confirmation of the new decision date so I have hard evidence its been changed.

Chris29 wrote: Well now its different, your example is different. In your example they moved the prognosis date.

They have actually moved my decision date, thats the same as a bank altering transaction dates on a bank statement after statements been issued.

What would happen eg. if I went to a tribunal stating 24 oct decision date and then they said no is no record of a decision made on that date (because DWP changed it).

So whilst I accept the prognosis dates have no legal meaning, I dont accept it as ok for decision dates to be changed after a decision has been made.

So we are talking about 3 different things here.

WCA dates.
Reassessment dates.
Decision dates.

I am going to try and get written confirmation of the new decision date so I have hard evidence its been changed.

Hi C29,

If they have pre-dated/altered the actual award decision date, then you may have reason to complain.

However, you would need to clarify that this was actually the case, and they weren't simply re-referring you to ATOS on the prognosis given with respect to the last referral date, and not the award decision date.

Good luck, and please keep us updated.

Complaining to The DWP

Contacting your MP

bro58

ok today I got a letter stating this.

"We confirm your decision date was backdated when revising your award."

Thats it as the DWP always keep it short.