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ESA Result (They have outdone themselves again) 9 months 2 weeks ago #237782

I'll start with the good news... A family member received a long-awaited brown envelope today and they have been kept in the support group with no end date. We used the guides on the site and undoubtedly this helped us put their case across in a way that we wouldn't have been able to without this aid.

Now, a little background and reasoning for why the system has managed to shock me again...

I posted on here maybe 6 weeks ago looking for advice on forming an EA10 letter to request reasonable adjustments under the equalities act as a family member had been refused a home visit for an ESA review.

The GP was useless so we were forced to put in a request for reasonable adjustments, this was done and we received a letter saying the WCA had been canceled. Following a phone call we were informed that their case had been put on hold until our request had been reviewed so we waited for a reply which in we expected to be offered a home visit (or reasons why one wouldn't be granted) but to our surprise a reward letter arrived - which of course is great news but a very sharp shift.

They went from review and outright refusal to offer a home visit to an ongoing award! I can only assume that they either thought following the EA10 letter it was easier to just gave the award or that the letter forced them to look through the detailed ESA50 form with the evidence we sent and seen that an award was clearly warranted which should have been done in the first instance. Either way, it shows the system is deeply flawed. Why are claimants made to jump through hoops like this?! It sickens me to think of all the people who are refused what they are entitled to just because they don't (for whatever reason) have the means to challenge these people.

Absolutely nothing has changed since the ESA50 form, all the information is exactly the same so why couldn't they have come to this decision without the EA10 letter? They previously stated that the form and evidence have been reviewed twice and a home visit can't be offered, the reasons we gave in the reasonable adjustments request were stated word-for-word the same as the request written in the ESA50 (I copied and pasted them) - so why the change?

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ESA Result (They have outdone themselves again) 9 months 2 weeks ago #237793

Hi Maxit

Why the change? I'm afraid it is impossible to understand the inner workings of the DWP process sometimes - just be glad it was..

Just be aware - ESA does not have an end date - so this does not mean that your family member will not be reviewed again unless the letter specifically says so. These normally happen every three years.

BIS

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA Result (They have outdone themselves again) 9 months 2 weeks ago #237797

Hey Bis,

Yeah, it's truely shocking the shenanigans that go on but yes we are just glad the EA10 letter did the trick. Thanks.

We are hoping they won't be reviewed again but maybe we have came to the wrong conclusion with what is written. The award states " we won't ask you to go for another assessment unless there is a change in your condition" there won't be, well certainly not for the better anyway.

They have a PIP award until 2029 so hopefully, the family member will get some respite.

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ESA Result (They have outdone themselves again) 9 months 2 weeks ago #237798

Hi Maxit.

It says they will not be asked for another assessment. It doesn't mean they won't send a review form - just to check that the condition is unchanged.

BIS

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ESA Result (They have outdone themselves again) 9 months 2 weeks ago #237799

Bis,

Ah thanks for clarifying that, I will pass it on.

So, would any future review form be the ESA50 and if so could one simply right "no change" or the same answers as stated in the previous form (if still relevant of course) and there by not trigger an assessment as is indicated in the award letter?

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ESA Result (They have outdone themselves again) 9 months 2 weeks ago #237801

Maxit

OK, if the Decision Letter says no further assessment unless a change occurs then it means exactly that, no ESA50 and no face to face unless the claimant notifies the DWP of a Change of Circumstances.

Gordon

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