ESA - mental health problems not in ESA form50?

I have asked for a medical report from a senior G.P. who has treated my relative but who is not my relative's G.P.. We are going to register with a new G.P. (who has already treated my relative) next week. In the meantime, I requested an urgent report from the senior G.P. He has produced a letter addressed to my relative which refers to descriptors I raised with him over the telephone. The G.P. said the letter could be sent in support of the ESA application. The problem is he has watered down the wording so as not to upset my relative so that it is factually inaccurate and in my view, prejudices his claim.
All the medics are on holiday this time of year. My relative is awaiting appointments with heart and lung consultants when he would have a better idea of his prognosis and to ask for reports in support of his ESA application.
My relative has a sick note for 3 months and the G.P.s have indicated that they would be happy to extend this.
I am minded to send off my relative's claim for ESA without any medical evidence. The DWP will then undoubtedly ask for my relative to attend a face-to-face medical assessment which my relative will refuse to go to. The claim will then lapse.
1. Can my relative ,later, submit a new application which we would aim to support with a report from my relative's new G.P. and 2 consultants' reports so that hopefully the DWP will assess him without a face-to-face medical assessment?
2. Will my relative have to return the £71 per week payment he receives from the DWP which I assume is the assessment rate of ESA if he allows his existing claim for ESA to lapse?

bisley wrote: I have asked for a medical report from a senior G.P. who has treated my relative but who is not my relative's G.P.. We are going to register with a new G.P. (who has already treated my relative) next week. In the meantime, I requested an urgent report from the senior G.P. He has produced a letter addressed to my relative which refers to descriptors I raised with him over the telephone. The G.P. said the letter could be sent in support of the ESA application. The problem is he has watered down the wording so as not to upset my relative so that it is factually inaccurate and in my view, prejudices his claim.
All the medics are on holiday this time of year. My relative is awaiting appointments with heart and lung consultants when he would have a better idea of his prognosis and to ask for reports in support of his ESA application.
My relative has a sick note for 3 months and the G.P.s have indicated that they would be happy to extend this.
I am minded to send off my relative's claim for ESA without any medical evidence. The DWP will then undoubtedly ask for my relative to attend a face-to-face medical assessment which my relative will refuse to go to. The claim will then lapse.
1. Can my relative ,later, submit a new application which we would aim to support with a report from my relative's new G.P. and 2 consultants' reports so that hopefully the DWP will assess him without a face-to-face medical assessment?
2. Will my relative have to return the £71 per week payment he receives from the DWP which I assume is the assessment rate of ESA if he allows his existing claim for ESA to lapse?

Hi b,

I would advise that you return the ESA50 by the deadline given, with any supportive evidence that you have.

If you obtain further more supportive evidence after returning the ESA50, you can forward it on to ATOS at the same address with a covering letter stating that you wish this fresh evidence to be taken into account also.

"1. Can my relative ,later, submit a new application which we would aim to support with a report from my relative's new G.P. and 2 consultants' reports so that hopefully the DWP will assess him without a face-to-face medical assessment?"

I would strongly advise against failing to attend a face to face, and letting the claim lapse.

If they do not attend, they will be found fit for work on a technicality, and benefits will cease. You would then have to appeal, and show good cause for non attendance, even if good cause could be shown, the relative would still have to attend a face to face before any payment would be reinstated.

This can cause major problems which can prove most difficult to resolve.

The relative could not make a fresh claim for ESA until 6 months had elapsed, unless they could provide medical evidence that their condition had deteriorated or they suffered from different medical conditions.

Further, if they were to do as you suggest, and they are being transferred over from IB, IS or SDA to ESA, and made a fresh claim, they would lose all Transitional Protection. (although this looks like a fresh claim for ESA rather than a migration, from your last question)

He would not have to pay back any monies that he has already received.

The more evidence that you can provide with the ESA50, the less likely it is that a face to face will be required.

Further, if a face to face is required, you are allowed to rearrange once, and you may be able to gain supporting evidence from the G.P. that the relative cannot attend a face to face.

You could request a Home Assessment (if one is deemed necessary) in the ESA50, giving reasons.

bro58

Hi bro

I would just like to clarify. My relative is making a new claim for ESA. The claim will be based on his physical problems because my relative will not co-operate and acknowledge his mental health problems.
Because of his mental health problems he will refuse to deal with DWP or ATOS professionals, we are struggling to get him to make the ESA in the first place. From what you say, it all seems a waste of time because he will have to repay the ESA benefit he has received even though he has been in hospital and has a sick note from the G.P.s.
My relative will have to wait 6 months to make a new claim for ESA by which time he will hopefully have strong written medical evidence to support his new claim.
Am I correct in my understanding?

bisley wrote: Hi bro

I would just like to clarify. My relative is making a new claim for ESA. The claim will be based on his physical problems because my relative will not co-operate and acknowledge his mental health problems.
Because of his mental health problems he will refuse to deal with DWP or ATOS professionals, we are struggling to get him to make the ESA in the first place. From what you say, it all seems a waste of time because he will have to repay the ESA benefit he has received even though he has been in hospital and has a sick note from the G.P.s.
My relative will have to wait 6 months to make a new claim for ESA by which time he will hopefully have strong written medical evidence to support his new claim.
Am I correct in my understanding?

Hi b,

As this is a fresh claim for ESA, and not a migration over from another benefit, you can disregard my comments regarding Transitional Protection.

I did not state that your relative would have to pay back any benefit that he has already received, under any scenario :

" He would not have to pay back any monies that he has already received."

As I have said, if he fails to attend a face to face, it can cause a lot of problems, and he may still have to attend a face to face if he made a fresh claim.

You are assuming that the relative will have to attend a face to face, this may not be the case at all.

You should go into detail, of how and why he cannot attend a face to face, then wait for the outcome.

If you fail to at least return the ESA50 by deadline, again this can cause problems that may prove difficult to resolve.

If you are intent on closing the claim, it would be far better that you do so formally in writing, rather than letting it lapse as you suggest, and being found fit for work on a technicality.

However, I would strongly advise you to gain face to face advice before doing so :

Where to get advice?

bro58

bro58 wrote:

bisley wrote: Hi bro

I would just like to clarify. My relative is making a new claim for ESA. The claim will be based on his physical problems because my relative will not co-operate and acknowledge his mental health problems.
Because of his mental health problems he will refuse to deal with DWP or ATOS professionals, we are struggling to get him to make the ESA in the first place. From what you say, it all seems a waste of time because he will have to repay the ESA benefit he has received even though he has been in hospital and has a sick note from the G.P.s.
My relative will have to wait 6 months to make a new claim for ESA by which time he will hopefully have strong written medical evidence to support his new claim.
Am I correct in my understanding?

Hi b,

As this is a fresh claim for ESA, and not a migration over from another benefit, you can disregard my comments regarding Transitional Protection.

I did not state that your relative would have to pay back any benefit that he has already received, under any scenario :

" He would not have to pay back any monies that he has already received."

As I have said, if he fails to attend a face to face, it can cause a lot of problems, and he may still have to attend a face to face if he made a fresh claim.

You are assuming that the relative will have to attend a face to face, this may not be the case at all.

You should go into detail, of how and why he cannot attend a face to face, then wait for the outcome.

If you fail to at least return the ESA50 by deadline, again this can cause problems that may prove difficult to resolve.

If you are intent on closing the claim, it would be far better that you do so formally in writing, rather than letting it lapse as you suggest, and being found fit for work on a technicality.

However, I would strongly advise you to gain face to face advice before doing so :

Where to get advice?

bro58

Hi b,

I should add that if the claim was formally closed there is a 12 week linking rule :

This is the appropriate extract from The DWP Decision Makers Guide on ESA entitlement :

"Linking PLCW

41111 Claimants do not have to serve waiting days if there is a linking PLCW. There is a linking PLCW when a PLCW is separated from another such period by not more than 12 weeks."

So it's at 41111 of this document :

www.dwp.gov.uk/docs/dmgch41.pdf

PLCW = Period of Limited Capability for Work, (Unfit for work)

Again, I would advise that you seek advice before taking up any such option.

bro58