Esa phases and assesment

tatonette

Cpt.Scarlet wrote: »

They should not be holding a medical if an ESA50 has not been completed and returned.

Whilst there are circumstances where a decision can be rendered on existing information, this pre-supposes that a medical determination can also be made on current information.

If a medical is required, then there is not sufficient information already available and an ESA50 must be completed.

That is not true. It is a decision by the DWP to issue an ESA50. There are no requirements to send one and there is no reason why an assessment could not take place without one being issued.

An assessment for ESA is certainly not dependent on an ESA50 being issued.

You will be treated at the assessment in the same way as someone who has had an ESA50 but has refused to complete it, but returned it in accordance with the regulations.

It just means that the assessor will do a more thorough examination covering all aspects of the descriptors instead of concentrating on those that the claimant may or may not have claimed for.

In these circumstances, you are assured of a 'full' assessment - a lot more than some claimants get.

This subject was brought up by my brother in April this year. He didn't get an ESA50 but still had to go for an assessment which he passed and was put in the support group.

What the ESA regulations say has nothing to do with what the Act dictates. Rogerblack has it right - he is quoting from the legislation, not the DWP's interpretation of it.

LisaB85

MrsManda wrote: »

Does your mum claim DLA with Middle or High rate care?

She claims high rate for both care and mobility.

amus

Just to clarify, if you receive an ESA50 and fail to return it, in most cases, your benefit WILL be disallowed. There are certain illnessses where people can be called for an examination without one having been returned, however for others it will lead to disallowance of benefit.

Cpt.Scarlet

tatonette wrote: »

That is not true. It is a decision by the DWP to issue an ESA50. There are no requirements to send one and there is no reason why an assessment could not take place without one being issued.

An assessment for ESA is certainly not dependent on an ESA50 being issued.

You will be treated at the assessment in the same way as someone who has had an ESA50 but has refused to complete it, but returned it in accordance with the regulations.

It just means that the assessor will do a more thorough examination covering all aspects of the descriptors instead of concentrating on those that the claimant may or may not have claimed for.

In these circumstances, you are assured of a 'full' assessment - a lot more than some claimants get.

This subject was brought up by my brother in April this year. He didn't get an ESA50 but still had to go for an assessment which he passed and was put in the support group.

What the ESA regulations say has nothing to do with what the Act dictates. Rogerblack has it right - he is quoting from the legislation, not the DWP's interpretation of it.

I never said there was a requirement to issue the ESA50, infact I stated if if the DM was able to make a Decision on the evidence already available, this was acceptable.

ESA Regulations 2008 21.2 states

Where the Secretary of State is satisfied that there is sufficient information to determine whether a claimant has limited capability for work without the information specified in paragraph (1)(b), that information will not be required for the purposes of making the determination.

20.1(b) refers to the questionnaire, and by implication, if a decision cannot be made then an ESA50 is required.

rogerblack

Cpt.Scarlet wrote: »

I never said there was a requirement to issue the ESA50, infact I stated if if the DM was able to make a Decision on the evidence already available, this was acceptable.

ESA Regulations 2008 21.2 states

20.1(b) refers to the questionnaire, and by implication, if a decision cannot be made then an ESA50 is required.

The determination is a point in time.
The decision process happens over a period, where the evidence is looked at, considered, perhaps more evidence gathered, and then the determination made.

The paragraph you cite specifies what must happen at the point of determination, not during the information gathering and considering phase.

In addition, the legislation can be read either way.
It can be read as you're reading it, or it can be read as 'If the ESA50 would not add to the total evidence (including the medical), then it's not required'.

Cpt.Scarlet

Roger

My last comment on the matter, you are not reading what I said. I did not say that the esa50 was "required", if a determination CAN be made without an esa50 and/or medical this is perfectly acceptable, however, if such a determination CANNOT be made then an esa50 must be issued.