ESA assessment confusion

Hi, I currently have a mandatory reconsideration for pip going through. During this process it has thrown up another confusing situation. I have been in receipt of ESA since 2014, during this time they have written to my GP twice for a report, which he has filled out and sent back. I have never had an appointment for an assessment. Since being on ESA I have been receiving roughly £70 per week but someone whom is helping me told me that this is wrong. I gave them a call and someone from the benefits centre called me back and said that I have basically slipped through a gap and they have no idea why I have not been sent for an assessment or been declared unfit for work and been awarded a higher rate. They also told me they have no idea what will happen in this situation.
I have been sent an ESA 50, which they told me I would and that they will try and speed up the process for me. Does anybody have any idea what happens in such a situation, thanks very much.
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Comments

  • Ron2017
    Ron2017 Posts: 34 Forumite
    Thanks for the answer. It seems quite strange that they can basically keep paying me for three years and nobody questioned why.
  • tazwhoever
    tazwhoever Posts: 1,326
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    OP - did you receive the assessment rate without providing fit notes? It's a must to provide fit notes for assessment rates. You are lucky!
  • Alice_Holt
    Alice_Holt Posts: 5,921
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    Info on completing the ESA50 form:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/

    Esa points system:
    http://www.mybenefitsandwork.co.uk/med2/indexxx.php

    Following your WCA a DWP decision maker will determine if your ESA continues, and if so which group you are allocated to (WRAG or SG).
    If you haven't completed the ESA50 it may be worth seeing if you can get help with it.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • jessex1990
    jessex1990 Posts: 137 Forumite
    Also as you have been claiming from 2014 you will be entitled to the old rate of the WRAG not the new one which is the same as JSA.
  • Hello Ron2017,
    I am a newbie here but have been currently investigating people that have been on JSA and through long term illness (Medical Certificate) have been moved to ESA after 13 weeks being on JSA. Once on ESA the new rules state that people on ESA will at some point have to have a Health Assessment done by and advisory. In the case of one case study claimant he was assessed 1 month of being on ESA. Which resulted in his medical certificate being over ruled and his benefit payments being suspended/stopped with the right to an appeal within 1 month of the decision. Even though he has a valid Doctors Certificate and is not fit for work.

    His Assessment was done in an office with this examination: 1: Stand up & sit down. 2: Stand up and touch his toes, 3: Raise arms above his head and 4: Raise each leg. At no point was any apparatus used. He was asked about his illness and medication he was on. That was it. 2 months went by and he then received a letter stating that he was fit for work and all benefits stopped, even though his current medical certificate was still valid along with a further one obtained from the Doctor due to further on going medical examinations done by his Doctor and the Hospital due to worsening condition of his health since his examination.
    After further investigation by us it turns out he is not alone as confirmed by a whistle blower and a Doctor, it also turns out that for everyone that goes from JSA to ESA it is recorded as another one off the unemployment government list, then when he is taken off the ESA again he is recorded as another one of the government unemployment list! and of course the government are saving money.
    The problem with all of this is people who genuinely are sick as confirmed by Doctors/Hospital who use machines (in the case of this man CT Scans, ECG, Blood tests, Neurology etc etc) and are not fit for work have to go through all of this which in some cases put their lives in more danger due to their illness and stress (which is a killer) that they are going through.

    Hence we are trying to raise awareness of our findings along with fighting for those who have/are going through this along with seeking compensation, as quite frankly this is not right.

    So reference to what has happened to you please be aware of this and good luck.

    The above details evidence has only just come to light in July 2017 but we are finding cases that are now dating back to before this.
    Regards Anne
  • poppy12345
    poppy12345 Posts: 17,847
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    Hello Ron2017,
    I am a newbie here but have been currently investigating people that have been on JSA and through long term illness (Medical Certificate) have been moved to ESA after 13 weeks being on JSA. Once on ESA the new rules state that people on ESA will at some point have to have a Health Assessment done by and advisory. In the case of one case study claimant he was assessed 1 month of being on ESA. Which resulted in his medical certificate being over ruled and his benefit payments being suspended/stopped with the right to an appeal within 1 month of the decision. Even though he has a valid Doctors Certificate and is not fit for work.

    His Assessment was done in an office with this examination: 1: Stand up & sit down. 2: Stand up and touch his toes, 3: Raise arms above his head and 4: Raise each leg. At no point was any apparatus used. He was asked about his illness and medication he was on. That was it. 2 months went by and he then received a letter stating that he was fit for work and all benefits stopped, even though his current medical certificate was still valid along with a further one obtained from the Doctor due to further on going medical examinations done by his Doctor and the Hospital due to worsening condition of his health since his examination.
    After further investigation by us it turns out he is not alone as confirmed by a whistle blower and a Doctor, it also turns out that for everyone that goes from JSA to ESA it is recorded as another one off the unemployment government list, then when he is taken off the ESA again he is recorded as another one of the government unemployment list! and of course the government are saving money.
    The problem with all of this is people who genuinely are sick as confirmed by Doctors/Hospital who use machines (in the case of this man CT Scans, ECG, Blood tests, Neurology etc etc) and are not fit for work have to go through all of this which in some cases put their lives in more danger due to their illness and stress (which is a killer) that they are going through.

    Hence we are trying to raise awareness of our findings along with fighting for those who have/are going through this along with seeking compensation, as quite frankly this is not right.

    So reference to what has happened to you please be aware of this and good luck.

    The above details evidence has only just come to light in July 2017 but we are finding cases that are now dating back to before this.
    Regards Anne
    What are you talking about?? I was never on JSA before i started claiming ESA and what's these NEW rules you keep saying about people being sent for a health assessment??? NEW rules??? Ummm no, you're wrong yet again. Ive been claiming ESA for well over 5 years and to my knowledge there's always been an assessment....
  • Chrysalis
    Chrysalis Posts: 4,140
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    An ESA50 is the first stage of the assessment process, make sure this is sent back because you "will" lose your benefit it it isnt.

    After that they will look at your ESA50 answers as well as any other information you provided, they may possibly contact your GP or other HCP's but this isnt something they have to do. They will then usually either reward your claim or ask you in for a face to face. It is possible they can turn you down based on the ESA50 alone, but if they believe you to not qualify typically a face to face is called to verify this. Consider a face to face a last chance saloon.

    On a face to face assessors are usually expecting people to be fit for work, but it doesnt mean thats what the decision will be, just be aware if you are called in the onus is on you to prove that you meet the ESA descriptors.
  • poppy12345
    poppy12345 Posts: 17,847
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    Chrysalis wrote: »
    An ESA50 is the first stage of the assessment process, make sure this is sent back because you "will" lose your benefit it it isnt.

    After that they will look at your ESA50 answers as well as any other information you provided, they may possibly contact your GP or other HCP's but this isnt something they have to do. They will then usually either reward your claim or ask you in for a face to face. It is possible they can turn you down based on the ESA50 alone, but if they believe you to not qualify typically a face to face is called to verify this. Consider a face to face a last chance saloon.

    On a face to face assessors are usually expecting people to be fit for work, but it doesnt mean thats what the decision will be, just be aware if you are called in the onus is on you to prove that you meet the ESA descriptors.
    You can not be found fit for work without a face 2 face assessment.
  • PrinceD
    PrinceD Posts: 8 Forumite
    Hi,
    It has happened - my mother experienced it, the decision was overturned, but it does happen
  • Alice_Holt
    Alice_Holt Posts: 5,921
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    poppy12345 wrote: »
    What are you talking about??

    Indeed.

    Today's prize for the most bizarre post goes to.................. (drum roll)
    ........................Anne.

    ESA has always had the WCA assessment from its introduction in 2008 (for new claims).
    https://en.wikipedia.org/wiki/Employment_and_Support_Allowance

    But "The above details evidence has only just come to light in July 2017 but we are finding cases that are now dating back to before this." says Anne.

    Here are some reports from CAB:

    This dates to 2014 - https://www.citizensadvice.org.uk/about-us/campaigns/current_campaigns/recent-campaigns/Make-ESA-fit-for-work-campaign/make-esa-fit-for-work/
    This from 2012 - https://www.citizensadvice.org.uk/about-us/how-citizens-advice-works/media/press-releases/esa-citizens-advice-bureaux-see-sickness-and-disability-benefit-problems-soar/
    "Earlier in 2012, Citizens Advice published research indicating that many seriously ill and disabled people are being wrongly denied benefits because of serious inaccuracies in an unacceptably high number of medical assessment reports used to decide who qualifies for ESA."
    https://www.citizensadvice.org.uk/about-us/policy/policy-research-topics/welfare-policy-research-surveys-and-consultation-responses/welfare-policy-research/right-first-time/
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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