ESA must be returned within 31 days - they've stolen two weeks !

Richie-from-the-Boro

They've slipped in a new change to the rules from 6 weeks to 4 weeks [ 31 days ]

- so 6 to 4 weeks to do everything
- booking CAB appointments can take a month, if ever
- getting supporting medical evidence can take a month plus
- even just needing help to complete the form can take up that time
- bad enough for those with an able mind and resources, what about mental health isssues

- - everyone as you know should get a reminder to return the ESA after 3 weeks
- - they are not allowed to send the reminder till at least 3 weeks have passed
- - so effectively the real date for the deadline is one week after the date the reminder letter is sent


NOTE - the new rule-change / deadline only affects ESA50s sent after Sun 31/10/11.

The ESA Factsheet is here for those who don't know where to look

Cpt.Scarlet

Just to confirm. It is 4 weeks not 31 days!

Richie-from-the-Boro

Cpt.Scarlet wrote: »

Just to confirm. It is 4 weeks not 31 days!

Cpt Scarlet, ... .. look at R(IB) 1/00

Example :

01/12/11 SA50 sent
23/12/11 reminder [ earliest ] sent

.. .. .. ignore the day the letter was sent and the day the letter was received because that's the day the time limit expires
.. .. .. so the ESA50 needs to be returned by close on 01/01/12 - in other words 31 days since the ESA50 was first sent

It is as you know a twin issue of (1) failure to return issue, and (2) IB to WCA without the need to attend a medical. The 26 week rule prevents payment on that particular new claim until s/he sits gets a new assessment [ WCA ] or the 26 weeks expire whichever is the earlier. De facto the quickest way to be paid on the new claim is to submit your late ESA50

Cpt.Scarlet

And the legislation says 3 weeks plus 1 week. You're using IB case law for ESA and a reference to the warning letter not the return of the form.

Jojo_the_Tightfisted

But it takes roughly 10 - 14 days after raising a letter request for it to be printed, posted and received.

pwales_2

and whats the rush ...it takes them months to reply to the esa50 ?

Richie-from-the-Boro

Cpt.Scarlet wrote: »

And the legislation says 3 weeks plus 1 week. You're using IB case law for ESA and a reference to the warning letter not the return of the form.

Respect to you Cpt .. .. prior caselaw focussed on 4 weeks meaning 31 rather than 28 days as the earliest possible deadline, clearly that will not be "the" deadline in every case, as the rule implies the reminder letter is the trigger for the day count so the "real" is one week after the [ trigger ] letter is "sent"

The DWP is changing the time frame on an already short period allowed for people to get their GP / Consultant / to respond in writing in the permitted time, this arbitrary time limiting makes pointless, indeed reverses the [ recommended ] assessment agreed last year that should improve the process.

We will agree to disagree Cpt, I interpret the day the time limit expires as "trigger" + one week

Richie-from-the-Boro

Perhaps if "trigger" + one week does not achieve a further 30% reduction in people claiming, then the DWP / CONdem Government will find a way back to the 7th January 1974 legislation and decide that a week is officially 3 days long :eek: that will really sort out the lazy disabled and ill.


The National Archives

Zziggi

I'm currently going through the IB to ESA transition & despite collecting letters for at least the last 6 months, I'm going to struggle to collect the specific letters I need within the 6 weeks I've got. If I had 4 weeks then there's no chance I could present my case as well as I need to.

Zziggi

monkeymouth wrote: »

I don't understand what the problem is. Medical reports are for the use of the Decision Maker not ATOS.
So you can send in the reports and letters to the DWP even after you have had the assessment.

The Decision Maker looks at all of the evidence including your reports AND the ATOS report and decides on best evidence.

There is absolutely no need to send anything back with the ESA50!

But since the decision maker usually just rubber-stamps what ATOS say, then surely it makes more sense to let ATOS have the info to start off with so they can ask the right questions in the medical or possibly so a medical can be avoided.

Richie-from-the-Boro

In #3 I mentioned failure to return reference migration from IB. The fact of the matter is someone whose ESA stops on a failure to return on time rule, should submit an ESA re-claim immediately, however the 26 week rule will block payment on a new claim till :

- until six months has expired, or ;
- you get in your now very late ESA50, or ;
- whichever is the quicker, and clearly ;
- submitting late is better / quicker than 26 weeks.

In short missing the original deadline puts you between a rock & a very hard place [ and its designed to ] but its still your better of the two bets to submit late than go the 26 week rule.

A comprehensively completed ESA50 properly done where this is possible would make the DM's job easier, I said comprehensively deliberately because it may lead to transition to ESA without the need for a medical. I do share the view of others here as to how much the DM is persuaded by the ESA50 if they ever read them at all, and how much ATOS [STRIKE]monkeys[/STRIKE] read the supporting evidence you present let alone take into consideration using LiMA.

As for the comments made by others on the hand over of documents accompanying "any" kind of DWP claim I've long held the view that they :

- should be copies not originals
- ready / collated / printed / in advance
- and should be handed out each and every time - and specifically to be taken into account
- and if you have already done that in the 1st instance
- do it in the 2nd medical ATOS incident
- then do it in the third DM incident

Just in case some [STRIKE]sneaky[/STRIKE] nice person [STRIKE]deliberately[/STRIKE] accidentally forgets to pass on the evidence. Its all power to your elbow at Trib level and that's where many [ always always appeal & go in person ] will end up.

A question for myself [ anti Macht Frei moment ] for later, has anyone filled out the ESA50 leaving the box's blank ?, yes that's the box's you must fill in or else !, ie ;

- tick & complete where you can
- do not tick [ because you are waiting for GP ? Consultant ] where you can't
- and where you have not ticked, attach a separate note saying "without prejudice, can not tick - awaiting documents"