ESA50 Again Panic

Hi

I haven't posted for a while because I foolishly thought I was okay for a bit. I had my first ESA50 form about this time last year, I was on Incapacity benefit. I filled in the form with the help of the guides on this site and I received a phone call in January, after 5 long months, telling me I was being placed in the Support Group. I didn't have a medical.

In fact I was only officially migrated onto ESA on February 5th. As per advice I sent for a copy of my ESA85 and it said that a re-assessment was due in around 12 months. I thought that meant I wouldn't be bothered by Atos until the end of this year or so. Imagine my complete disbelief when another ESA50 for arrived today.

However it did not say on the covering letter anywhere about this being a re-assessment. it said "If you currently receive Incapacity Benefit, Income Support or Severe Disablement Allowance" your current award will be converted to ESA. But I am already on ESA. So I don't understand this at all. Have they made a mistake? Why have I got another form after only being on ESA since February and why have I been told I won't be assessed again for 12 months when this wretched form has materialised?

I did contact the DWP for clarification who were very shirty and told me my claim had expired on June 27th. I don't get it at all and this form looks different to last years so is there any point copying down what I put last time? Please help. Thanks.

Hi MCW,

Just to add to Gordon's good advice.

What seems to be happening is these cases, is that the re-referral date on the DWP computers is the 1 year, 2 year, etc anniversary date of the original referral to ATOS.

Whereas, one would expect it to be around 8 weeks before the applicable anniversary date from the date of the award.

The process used to take much longer, so there was generally quite an amount of time elapsed from the original referral by the DWP to ATOS, and the actual date of any subsequent award.

As Gordon says you have probably only spoken to a call responder in a call centre. You need to request an escalation to The WCA Team in the benefit office that deals with your ESA.

As previously stated, you should continue to fill in The ESA50 and return it by the deadline given, unless you receive something in writing to the contrary.

The threat of involving your M.P. may help, as these prognoses, although not legally binding, are there for a purpose.

Contacting your MP

You may wish to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to our "New" ESA50 Form 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

It would not be a waste of time to start filling in The ESA50 now, under any scenario, as it will not change between now and the end of the year, even if The DWP were to cancel this reassessment process.

bro58

Hi

As per advice I requested and received a copy of the ESA85, because I did not have a medical assessment. The reason I got into the support group was because I met the mobilising descriptor of not being able to mobilise for 50 metres and the nurse made a note that I was (and continue to be ) on above average medication.

The date for suggested re-assessment, according to this nurse was 12 months. So as I did not actually get migrated over from Incapacity Benefit to ESA until 5 February 2013 (5 months ago) is it fair to challenge them that this new re-assessment is very early?

Do they make mistakes over this sort of thing and would they admit it if they did?.

madcatwoman wrote: Hi

As per advice I requested and received a copy of the ESA85, because I did not have a medical assessment. The reason I got into the support group was because I met the mobilising descriptor of not being able to mobilise for 50 metres and the nurse made a note that I was (and continue to be ) on above average medication.

The date for suggested re-assessment, according to this nurse was 12 months. So as I did not actually get migrated over from Incapacity Benefit to ESA until 5 February 2013 (5 months ago) is it fair to challenge them that this new re-assessment is very early?

Do they make mistakes over this sort of thing and would they admit it if they did?.

Hi MCW,

Yes, it would be worth making a challenge, taking into account what Gordon has already advised, and the advice given in my post, above.

This recently happened to a friend of mine, where the scenario I posed in my previous post, was the case.

www.benefitsandwork.co.uk/forum?view=top...d=10&id=98524#106809

The DWP WCA Team, did admit that the referral date on their computers was to early, adjusted it, and sent out confirmation in writing that the errant, early reassessment had been cancelled.

The friend did e-mail their M.P. and also contacted ATOS by e-mail to gain written confirmation that the reassessment process had been cancelled by The DWP.

Whether this would be the case with you, is anybodies guess.

bro58

Hi Bro
When I spoke to someone at the DWP I did speak to my benefit office (Birmingham), pressed the option for ESA claims and then spoke to a very unhelpful member of staff, who accused me of being uppity when all I was doing was seeking clarification of why I was being re-assessed so early.

Would this have been a call centre responder, how do I actually go about contacting the WCA team as this option was not available on the phone. Do I just ask whoever I speak to, to put me through to the WCA team? Many thanks.