Login FormClose

Free, fortnightly PIP, ESA and UC Updates

Our fortnightly bulletin, with over 80,000 subscribers, is the UK's leading source of benefits news. Find out what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.

Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: ESA50 unavailable ?

ESA50 unavailable ? 1 week 1 day ago #238626

I have received an ESA85A Medical Report and I am appalled. Clearly Medical Evidence has not been used. I have also received an LT54 / ESA 56. Under the heading Supporting Information, this states . ESA50 completed but unavailable ?

Within the ESA50 I had stated which boxes I had ticked , I explained fully how my conditions affect me , I highlighted and directed the HCP to the Medical Letters enclosed. I sent a substantial amount of Medical Evidence including MRI Scan Results . There is no mention of these reports having been used . Surely this report is Flawed ? DWP say they haven’t got the Medical letters on their system ?

Please Log in or Create an account to join the conversation.

ESA50 unavailable ? 1 week 12 hours ago #238637

Hi Jm46

This is most strange. Did you put your name and national insurance number on all the evidence? The very fact that you highlighted it within their report should tell them there is additional evidence.

It is where you go from here. I don't know what decision you got. You can either put in for an MR and send them the evidence again - highlighting that they lost it last time.

Or you could put in a formal complaint.
ESA – Health Assessment Advisory Service

For ESA and UC Work Capability Assessments, the Health Assessment Advisory Service covers the whole of the UK. If you wish to make a formal complaint you should write or email to the addresses below:

Customer Relations Team
Health Assessment Advisory Service
Room 4E04, Quarry House, Quarry Hill, Leeds LS2 7UA

customer-relations@chdauk.co.uk

BIS
The following user(s) said Thank You: Jm46

Please Log in or Create an account to join the conversation.

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

ESA50 unavailable ? 1 week 2 hours ago #238682

Hi

Yes I did, I sent the claim in twice ! Once to The Wolverhampton address and also to the DWP address in Plymouth. Both were signed for. I got 15 points and a schedule was applied.

The report I received is appalling, failed to score any points in key areas. The length of claim is 18 months , previous claim was longer, that was done by G.P and what a difference ! They even stated as they have consistently done, decision shows my condition has not improved over the years and is unlikely to do so , my conditions have worsened. With my PIP I wasn’t happy with some of the report , but I scored points and the HCP stated no further assessments required due to my conditions, and the award is indefinite.

Have literally gone round in circles with Maximus they say they don’t know where ESA50 is and say everything was sent to DWP., Told me we don’t know what they do it may have been destroyed after the D.M had finished with it ! Told her it wasn’t available for D.M , said ask DWP we haven’t got it.

Spoke to DWP asked do you know what happened to my ESA50 because the report states , ESA50 completed but unavailable , that being the case the report is flawed, he said it would appear so ! Told him I wish to make a complaint, he said I don’t blame you ! Asked for name and address of Managing Director, it used to be Mr Andrew Rhodes, is this still correct, was vague didn’t know, asked him for Area Manager address, told me send it to the Manager In Plymouth ! He then said maybe Maximus have ESA50 told him , no they sent it to DWP . He said it might be in Wakefield , they store things there !

He then contradicted himself , said I don’t think we received the ESA50 , the D.M doesn’t need it and made decision without , they have HCP report ! This followed on to, we have the front page of the ESA50 , I asked where is the rest of it, he said they only sent the front page, ‘ it’s been in the loop ! I said this claim can’t stand , it’s flawed, he told me, the rules have changed they do not have to use the ESA50 ? I said this should go straight to appeal, he said I dont blame you . I asked what Medical Evidence was used, I sent a lot and the DM’s report is vague and there are no dates of the letters used , it states Hospital letter, specialist letter , which ones ? he said I don’t know ! I said where’s the rest of the ESA50 told me , D.M doesn’t need ESA50 to make a decision , he doesn’t NEED. ALL. OF. THE EVIDENCE so made decision without it ! Yes, you did read that correctly I have this call recorded ! Asked to speak to manager, she kept saying she couldn’t hear me on the phone, it was a bad signal , call ended.

I will have to seek Mandatory Reconsideration. G.P is going to write to them.

Please Log in or Create an account to join the conversation.

ESA50 unavailable ? 1 week 2 hours ago #238683

Jm

There is no legal requirement for an ESA50 to be issued but if one was then it is reasonable to argue that it should have been considered as part of the Decision, the DM is required to review all of the documents available although they are entitled to assign their own weight to the contents.

Maximus is sent a physical folder by the DWP containing all of the information to be considered for the assessment, Maximus should then send an ESA50 to the claimant, when this is received back it is added to the folder, once Maximus have completed their report it is added to the folder and returned to the DWP, they do not retain any customer information once the folder is sent back to the DWP.

Gordon
The following user(s) said Thank You: Jm46

Please Log in or Create an account to join the conversation.

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

ESA50 unavailable ? 6 days 7 hours ago #238701

Thank you for your reply.
I completed an ESA50 , it contained Medical Evidence , two full copies were sent both were signed for. What is the point of completing an ESA50 , returning it with Medical Evidence if the DWP then tell you the D.M doesn’t need it and ithen states they don’t need the Evidence to a decision .

Surely the claim should now be set aside ?

Please Log in or Create an account to join the conversation.

ESA50 unavailable ? 4 days 8 hours ago #238763

Jm

Realistically there is no chance of the Decision being set aside so you need to fight it on the basis that you meet the criteria for an award and that you have shown that you do in and with your ESA50.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: GordonGaryBIS