Support Group reassesment after 12 weeks??

Hello,

thanks to you guys here and a very helpful welfare rights advisor after being moved to ESA working group from IB in Mid July this year and appealing I got a letter 12 weeks ago ( exactly) saying I was being moved to the support group without need for a tribunal.

As ive been pretty poorly and am under a lot of stress at there moment with an eviction I was so relieved to have one less thing to worry about.

BUT - 12 weeks to the day of my move to Support Group ive had a letter from ATOS with another ESA50 - 3 months? it took from March this year until August just to do the first one and appeal it - im feeling pretty upset right now - my advisor is only really dealing with appeals so I wont be able to book and see him.

Can I challenge this? my mental health is in tatters to be frank.

I recommend that you mention that you were place in the Support Group after reconsideration on the form and at any assessment and what descriptor/s you were felt to satisfy. If possible it would be good to enclose any medical evidence to show you fulfill these criteria. And of course look at the guides for advice on how to fill in the form properly.

Hi r,

It is worth querying this with The WCA Team at the benefits office that deals with your ESA.

To speak to them you will have to go through the call centre (0845) number on any ESA letters that you may have.

You will initially speak to a call responder, and may have to ask for an escalation to a supervisor in The WCA Team.

This will probably involve a call back.

As Gordon advises, unless you can gain written confirmation that there has been an error, and the ESA50 has been issued early, you will have to fill it in, and return it to ATOS by the deadline date given.

As Puccalove states it is worthwhile mentioning in this new ESA50 that you are currently in The SG, and cite the ESA Descriptors that you fulfilled if you are aware of them.

Treat this ESA50 as if it was your first, and do not assume that the assessing ATOS HCP will have access to any of your previous evidence.

It is important that you reiterate how and why you qualified for The SG, and still do so, and that your resulting limitations have not diminished, nor have you adapted to or learned to cope with said limitations since the time of your last assessment.

As a reminder, you may wish to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides under the heading of "ESA Claims and Appeals - Current forms"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

Please keep us updated.

bro58

Im in the middle of an eviction - court case and trying to pack whislt ill - I have to really start again from scratch? do en entire form ( which took me weeks to do last time) and get all the evidence again? Surely I can just say use the old form and evidence?

Is three months normal? or can I complain?

rococo wrote: Im in the middle of an eviction - court case and trying to pack whislt ill - I have to really start again from scratch? do en entire form ( which took me weeks to do last time) and get all the evidence again? Surely I can just say use the old form and evidence?

Is three months normal? or can I complain?

Hi r,

You can query whether The ESA50 has been issued early, by taking the advice in my previous post.

I am sorry to hear of your impending eviction, and understand that you could well do without this.

If the original WRAG award was made in mid July 2013, it is more like 41/2 months, as the revised SG award would be backdated to that time.

3 months is the minimum prognosis for any ESA award (WRAG or SG)

See : How often will I be reviewed

SG awards generally attract a longer prognosis, but it is possible that even though the reviewing DM has changed the original award from WRAG to SG, that they did not change the original prognosis that came with the WRAG award.

As you have received the new ESA50 now, it would seem that the prognosis (The recommended time before reassessment) was 6 months, as claimants generally receive a new ESA50 for reassessment a few months before the end of a prognosis period.

Also, if you are in the process of moving address, you should inform The DWP (and ATOS) of this in writing.

You cannot pose any legal argument to them issuing the new ESA50 now, as more than 3 months have passed.

bro58

Hi r,

You can use medical evidence previously used with the new ESA50, however, you cannot use the same ESA50 as last time.

You should try and update the new ESA50 so that it is current and up to date.

If you fail to return this ESA50, (if it has not been sent in error) this can result in your benefit stopping on a technicality, unless you can show "good cause".

Even if you did have "good cause", this can be very difficult to resolve.

You may be able to appeal it, but would not receive assessment rate ESA whilst appealing.

bro58