ESA50 form opinions please.....

I am about to start completing this form again for the umpteenth time and am just wondering if it is actually worth going into great detail and writing reams, which is what I have done in the post.

I am not entirely convinced that firstly it actually all gets read and secondly that it makes any difference as to whether or not ATOS summon you for a medical assessment, after all they get paid a substantial sum for carrying these out don't they.

My OH's health has deteriorated over the past six months and he is currently having diagnostic tests, which we have been told will probably end up with him having to undergo further surgery.

I am worried sick about his health issues anyway, without having to cope with this form. Honestly they make you jump through hoops now, even when you have worked and paid NI for decades.

Isn't it possible to write a letter of explanation to the DWP and ask to be excused from the ESA50 for the time being?

Who triggers the sending out of these forms? Is it the DWP or ATOS?
Stopped smoking 27/12/2007, but could start again at any time :eek:

Comments

  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    melbury wrote: »
    Isn't it possible to write a letter of explanation to the DWP and ask to be excused from the ESA50 for the time being?

    Who triggers the sending out of these forms? Is it the DWP or ATOS?
    Once an ESA50 has been sent you are required to complete it in order to continue receiving ESA, there are no exemptions.

    Re-assessments are initiated by the DWP.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    You need to put as full an explanation as you can, with as much evidence as possible, if only so that your case is strong if it comes to tribunal.
    If you've been sent the ESA50, then in general, you will be required to complete it.
    Good luck.
  • ~Chameleon~
    ~Chameleon~ Posts: 11,956 Forumite
    10,000 Posts Combo Breaker
    melbury wrote: »
    I am about to start completing this form again for the umpteenth time and am just wondering if it is actually worth going into great detail and writing reams, which is what I have done in the post.

    There used to be a DWP DM posting on this forum and I once asked about this as I used to write all over my DLA forms, in the margins and any available space. I was told they absolutely hate this and very often it will go unread. Keeping to short concise answers or bullet points is better.
    “You can please some of the people some of the time, all of the people some of the time, some of the people all of the time, but you can never please all of the people all of the time.”
  • Muttleythefrog
    Muttleythefrog Posts: 20,290 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 February 2012 at 12:02AM
    I have filled in my ESA50 extensively... last time it certainly wasn't read by the HCP who did my medical and I've a horrible feeling ATOS won't bother this time (this time it might be readable as done electronically..lol).. in fact despite sending in the last ATOS medical report and other medical reports they've decided to ask my GP for a factual report in order to prevent the requirement for face to face medical... as she has been given less than a week to achieve this as a part time GP I'm expecting another face to face medical despite going to every effort to avoid one.

    I suppose you just have to fill in the form in the expectation that what you say is important and will be considered... and that failure to would have unfortunate consequences. I note that one person on this site completed an ESA50 at re-assessment with angry dismissive 'answers'... I said 'I hope it doesn't come back to haunt you' expecting that it would.. and she was placed straight back into support group shortly after..lol. It's all a game.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • I was sent for an atos medical on 7th june 2011 and told i was fit for work, by the male nurse who saw me.he did not speak good english and i had to ask him several times to repeat himself. He was able to deem this without even looking me but by asking questions and just typing into a form. He asked no questions about my mental health condition. I received a letter from atos/dwp shortly after telling me i was fit for work, I appealed, and again in september was told i was fit for work, this was despite sending in supporting letters from my gp and psychologist. It went to tribunal on 29th november 11 and happy to say I won my appeal an was placed in wrag group, though the descriptors tribunal awarded me on seemed to suggest I be put in support group. however, I received another esa50 form in january and called dwp who said, they had it quite clearly on there system i was in the wrag roup and had won my tribunal and there must have been a error in sending the esa50 so soon. I didnt fill it in. Shock, another es50 form arrived, again i called dwp, and this time they said i had to fill it in and send it in along with supporting evidence! eh, i explained I had just gave all my evidence to the tribunal 6 weeks ago and my medical condition had not changed. I was told I had to do it again, I told them I had no new medical evidence and i have sent in the medical evidence i have from 2 months ago. Why are they doing this to people! do they really think id be trying to exist on wrag group amount of esa! I have always worked, the dwp and atos are really making me ill with all this continual form filling, and threats to stop what little they give me. I feel like telling them to stuff it.........its not worth what they put you through. so esa 50 form sent away again, i will more than likey have to go for another medical, to be told i am fit for work, to appeal again, and be told im fit for work, then go to a tribunal again! i really do not think i can do this all again.
  • rogerblack
    rogerblack Posts: 9,446 Forumite
    i really do not think i can do this all again.

    Unfortunately, there is very little flexibility, or often logic, in the system.
    For example, currently ESA decisions take about a year to come to a tribunal if they are challenged.

    There is no option once you have got an ESA50 in most cases, other than fill it in, or stop claiming.

    Addressing this simply on a financial point of view.
    Of the people who challenge their decision, half will be justified, and half will fail.
    This is - on average - 6 months of basic rate ESA - around 1800 pounds, plus the 200 pound or so cost of the tribunal wasted due to delay.

    And yet, the time spent by each decision-maker is half an hour.

    Assuming for no particular good reason that a ESA decision-maker costs 40 pounds an hour to employ, it would make good sense to instead of spending 20 pounds making a decision, to give them a couple of hours, and perhaps even actually routinely call the claimant!

    At least until the waiting time for tribunals comes down significantly.
    This would both help the DWPs budget, and let them make better decisions, and eliminate hopeless applications for benefit by explaining to the claimant why they can't qualify.
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