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ESA Medical Assessment
- Kevin O'Connor
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10 years 10 months ago - 10 years 10 months ago #122250 by Kevin O'Connor
Replied by Kevin O'Connor on topic ESA Medical Assessment
I checked with ATOS and they had no record of me claiming for ESA or failing to return the form. i rang the DWP to ask for another form to start my 2nd claim. The bloke i spoke to at the DWP did leave me a bit confused. Firstly,he didnt seem quite clear about the precise process and what i had to do.He wasnt able to answer any of the questions i asked concerning how it would affect my current status with any clarity or confidence. in fact,he left me a little worried! When i asked for him to send out a form he tried to insist i did a phone application,but i insisted on a posted form. He then told me to go to my job centre and hand in my ES40 form to close my JSA claim. when i said,"are you sure? cant i keep my JSA till we find out if my ESA has been successful or not? " he replied,"i'm not sure.I dont think so" When i asked him to confirm that if my ESA claim failed that i would automatically remain on JSA, He replied,again, "No,i dont think so.I'm not sure" and gave me the number of my local (Wolverhampton ) Benefit Delivery Centre and told me to ring and check!! Help! Gordon (or any other Admin). I'm really confused and a little frightened now. He didnt seem very knowledgable about stuff,and when i challenged him on this,he said, "Well,i just send out the forms,see!!" I could do with some advice and reassurance
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #122254 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical Assessment
Kevin
It is actually easier and quicker to make a new claim for ESA over the phone but it does require you to have all the information that might be requested to hand. You can download a copy of the ESA1 from the GovUK site providing you have the facilities to print it.
I am afraid that you cannot claim ESA and JSA at the same time, so once you submit an ESA1 to the DWP, it will only be processed once you have closed your JSA claim, you can usually make a quick re-claim for JSA, but given the current delays in the ESA system I would expect you to exceed the limits for this unless your ESA claim is refused on eligibility criteria, either lack of NI Contributions (ESA(CB)) or you fail the means test (ESA(IR)).
Gordon
It is actually easier and quicker to make a new claim for ESA over the phone but it does require you to have all the information that might be requested to hand. You can download a copy of the ESA1 from the GovUK site providing you have the facilities to print it.
I am afraid that you cannot claim ESA and JSA at the same time, so once you submit an ESA1 to the DWP, it will only be processed once you have closed your JSA claim, you can usually make a quick re-claim for JSA, but given the current delays in the ESA system I would expect you to exceed the limits for this unless your ESA claim is refused on eligibility criteria, either lack of NI Contributions (ESA(CB)) or you fail the means test (ESA(IR)).
Gordon
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- Kevin O'Connor
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10 years 10 months ago - 10 years 10 months ago #122267 by Kevin O'Connor
Replied by Kevin O'Connor on topic ESA Medical Assessment
Thank you,Gordon.If my JSA is Stopped what benefit do i get while i am claiming for ESA? is it just the Income Support payment of just over £70pw? Do i lose the disability Component of my JSA as Well? If i chose not to pursue an ESA claim when i get the form,can i just not send it in like last time when i missed the postal deadline, (And ATOS knew nothing at all about this claim,because they said the DWP only inform them once an official claim has been made and a medical assessment is acquired), or do i have to officially inform them i do not wish to pursue the claim? I will be grateful for your advice.
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago #122269 by Gordon
You should receive the ESA Assessment rate , it usually takes 10-14 days for payments to kick in but they may be able to fast track it as they already have your details on the computer, however, I am concerned about the unresolved status of your previous claim.
Which form did you not return, the ESA1 or the ESA50?
If it was the ESA1 that you did not return then there should be no issue.
However, if the claim was closed by the DWP as a result of your failing to return the ESA50 then you are not entitled to payment until six months have elapsed from the date of that failure or you attend a face to face assessment, waiting times for assessments are in the range of 12 months at the moment, so it would be the former that is most likely to apply.
ESA does not pay the Disability Premium, but if you are receiving DLA Care at the Medium or Higher rate, live alone and no one receives Carers Allowance for you, then you should be entitled to the Severe Disability Premium, although you will need to chase the DWP for this to be included with your ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Medical Assessment
Kevin O'Connor wrote: Thank you,Gordon.If my JSA is Stopped what benefit do i get while i am claiming for ESA? is it just the Income Support payment of just over £70pw? Do i lose the disability Component of my JSA as Well? If i chose not to pursue an ESA claim when i get the form,can i just not send it in like last time when i missed the postal deadline, (And ATOS knew nothing at all about this claim,because they said the DWP only inform them once an official claim has been made and a medical assessment is acquired), or do i have to officially inform them i do not wish to pursue the claim? I will be grateful for your advice.
You should receive the ESA Assessment rate , it usually takes 10-14 days for payments to kick in but they may be able to fast track it as they already have your details on the computer, however, I am concerned about the unresolved status of your previous claim.
Which form did you not return, the ESA1 or the ESA50?
If it was the ESA1 that you did not return then there should be no issue.
However, if the claim was closed by the DWP as a result of your failing to return the ESA50 then you are not entitled to payment until six months have elapsed from the date of that failure or you attend a face to face assessment, waiting times for assessments are in the range of 12 months at the moment, so it would be the former that is most likely to apply.
ESA does not pay the Disability Premium, but if you are receiving DLA Care at the Medium or Higher rate, live alone and no one receives Carers Allowance for you, then you should be entitled to the Severe Disability Premium, although you will need to chase the DWP for this to be included with your ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Kevin O'Connor
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10 years 9 months ago - 10 years 9 months ago #122773 by Kevin O'Connor
Replied by Kevin O'Connor on topic ESA Medical Assessment
It was the ESA1 form,Gordon.I've checked the Severe Disability Premium & Its about Half of the Disability Component i'm Getting now. I dont want to sound as if money is my god,But,I do have People & Bills to pay like any one else.How long does the ESA claim take to process on average? If i'm successful,will i get back the difference between the Severe Disability Premium & the Disability Component Of my JSA,that I'm Getting Now? If i fail will i get back that difference,and will i automatically have to give up the Severe Disability Premium & will i automatically get back the Disability Component of my JSA or will i have to re-apply?
I'm sorry to be such a pain,Gordon,but it seems unfair that i have to lose a large part of my current Claim allowance just because i'm applying to see if i qualify for another Benefit. I don't recall that being the case when i first started claiming for other benefits,many years ago.If i failed with my application,then i failed.If i was successful,then the payment was back dated to my original Claim date.It seems somewhat unfair,Vindictive even,to force people onto lower benefit payments just because they're asking to be considered for another class of benefit. Thanks
I'm sorry to be such a pain,Gordon,but it seems unfair that i have to lose a large part of my current Claim allowance just because i'm applying to see if i qualify for another Benefit. I don't recall that being the case when i first started claiming for other benefits,many years ago.If i failed with my application,then i failed.If i was successful,then the payment was back dated to my original Claim date.It seems somewhat unfair,Vindictive even,to force people onto lower benefit payments just because they're asking to be considered for another class of benefit. Thanks
Last edit: 10 years 9 months ago by .
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10 years 9 months ago - 9 years 3 months ago #122774 by
Replied by on topic ESA Medical Assessment
Hi K Oc,
As advised by Gordon it usually takes 10-14 days.
To receive "Disability Premiums" you must also be in receipt of an appropriate benefit/allowance, and be entitled to Income Related (IR) top ups. (Income Support is now only paid to existing recipients. For ESA, it would be IR ESA top ups)
Once ESA Assessment Rate is in payment, you should also be paid any Disability Premiums (as above) that you are entitled to from the start of your ESA claim.
See : ESA Premiums
The DWP may try to say that you are not entitled to Disability Premium IR ESA top ups whilst in the Assessment Phase, but you are.
See : our "Understanding ESA Guide" 2nd link down this page :
ESA Claims Guides
And : The DRUK Overview on ESA
Here is The DWP Decision Makers Guide, Memo DMG 25/12. (See, Paragraph 2.) on : ESA(IR) - Amount Payable During Assessment Phase.
If you look at this extract :
"Applicable amount
44037 ESA(IR) is paid for the claimant and any partner or partners. There is no amount for dependants. The applicable amount includes
1.the claimant's personal allowance. This may include an amount for any partner or, in the case of a polygamous marriage, partners3 (see DMG 44061). During the assessment phase the personal allowance is age related (see DMG 44058)
and
2.if appropriate
2.1 premiums
2.2 certain housing costs"
From : DMG CH44 @ Para 44037 which also confirms this.
You may be asked to fill in and return an ESA 3 Financial Assessment Form to assess your entitlement to IR ESA.
bro58
"How long does the ESA claim take to process on average"
As advised by Gordon it usually takes 10-14 days.
To receive "Disability Premiums" you must also be in receipt of an appropriate benefit/allowance, and be entitled to Income Related (IR) top ups. (Income Support is now only paid to existing recipients. For ESA, it would be IR ESA top ups)
Once ESA Assessment Rate is in payment, you should also be paid any Disability Premiums (as above) that you are entitled to from the start of your ESA claim.
See : ESA Premiums
The DWP may try to say that you are not entitled to Disability Premium IR ESA top ups whilst in the Assessment Phase, but you are.
See : our "Understanding ESA Guide" 2nd link down this page :
ESA Claims Guides
And : The DRUK Overview on ESA
Here is The DWP Decision Makers Guide, Memo DMG 25/12. (See, Paragraph 2.) on : ESA(IR) - Amount Payable During Assessment Phase.
If you look at this extract :
"Applicable amount
44037 ESA(IR) is paid for the claimant and any partner or partners. There is no amount for dependants. The applicable amount includes
1.the claimant's personal allowance. This may include an amount for any partner or, in the case of a polygamous marriage, partners3 (see DMG 44061). During the assessment phase the personal allowance is age related (see DMG 44058)
and
2.if appropriate
2.1 premiums
2.2 certain housing costs"
From : DMG CH44 @ Para 44037 which also confirms this.
You may be asked to fill in and return an ESA 3 Financial Assessment Form to assess your entitlement to IR ESA.
bro58
Last edit: 9 years 3 months ago by .
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