New ESA assessment questionnaire arrived

Alex wrote: I have received a new ESA questionnaire to fill in.(it's the new version)

I was on income based ESA (work group) following winning my appeal in the tribunal last year and scoring 18 points.
they scored me 0 points in the medical assessment,but the tribunal stated that there was
significant error in that decision and awarded me ESA.

I filled both my old questionnaire and appeal forms using guides on this website.

there has been no improvement or change in my condition.

my question is if I can just re-write what I wrote in the old questionnaire in the new one and send
it back to them? (since there have been no change in my condition)

also is it likely going to be another refusal and 0 points in the medical even though the tribunal stated there was significant error in the decision last time?

Each assessment is separate and is very unlikely to refer to the previous one, so the fact that you scored no points does not mean that you will on this one.

In principle you can complete the ESA50 using the information as you did last time but you should bear in mind the following

- you need to explain why your condition is the same or worse than it was last time
- you need to explain why you it is not reasonable for you to have adapted to your condition(s)

Also you need to be aware that both the ESA Descriptors and Regulations were updated in January, whilst this may not mean that you should change what you intend to write, I would still advise you to review the changes in the latest guides.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

Alex wrote: Thanks..

where do i need to explain these points? in the questionnaire or will I be asked about them during the medical assessment? there is no specific question related to those points in the questionnaire.

I'm confused about the 2 points you mentioned.
how can I explain "why" my condition is the same,obviously I don't have control over
my condition? and I'm not a doctor to explain them "why" the condition remains..
and what does the second point mean? (my condition is mental health related and not physical)

Let me try and explain again

ATOS and the DWP do not take into account conditions that are unlikely to improve or that would be expected to deteriorate, there starting point is that all conditions have the potential to improve, I am paraphrasing so do not take this too literally.

They also assume that over time claimants adapt to the restrictions that a condition might cause, a regularly cited example is soldiers who learn to walk with prosthetics after losing limbs. To be clear, I am in no way try to take away from the people the effort and difficulties that these people face.

So, if you want to use the information and evidence from a previous ESA50 in a new one then you need to explain why your condition has not changed over the intervening period, this may be as simple as pointing out that your condition is not one expected to improve or indeed that it is one that might reasonably be expected to have deteriorated over that period.

Secondly, you need show that you have not been able to adapt to the limitations imposed by your condition(s), this is less important than in the previous case, but should not be ignored, as an example; if you have social anxiety problems, but due to lack of support have to go out regularly to purchase food etc., there might be an assumption that these visits have "dulled" your anxiety in these situations.

I stress that we are crossing the "t's" and dotting the "i's".

You need to explain these things on the ESA50, so that the DWP Decision Maker who will actually decide what happens with your claim has access to this information as well as ATOS.

I hope that this explains it, bit if not please, reply to this post.

Gordon