Question re ESA50 form

melbury

Sent in my OH's completed ESA50 form on 20th February, but haven't heard anything since - no call to attend a medical, but also no letter to say that a medical won't be necessary.

I am presuming that the DWP do actually write to say if you do not have to attend a medical.

I contacted the DWP in March just to confirm that the form had been received and it had.

OH is currently to waiting to hear when he will have to undergo another operation, but it is imminent.

This prolonged silence with no communication whatsoever is a bit worrying :eek:

Muttleythefrog

That is a fair while... I presume you've noticed nothing different regarding payments to bank account. Sadly ESA admin is beyond contempt at the DWP. When the ESA50 is returned to ATOS HC (medical services to the DWP) they are supposed to look at it and other evidence supplied and determine if face to face medical is required, or if sufficient info to give advice to DWP or if alternative evidence could suffice like GP factual report request (ESA113) in order to help provide advice to DWP. Usually this happens fairly quickly and I would be very surprised if ATOS HC have not completed their duties by now... you're talking 3 months. I would therefore get husband to contact DWP and ask what is going on... if any decision has been taken etc... if decision has been taken then request copy of ESA85A (ATOS HC advice to DWP as opposed to ESA85 which is the face to face medical report) for info purposes. It is extremely common not to be told of the outcome of a WCA by the DWP... in fact after 3 years on ESA I've only had one notification and it was to tell me I'd failed the WCA despite not having one... i.e. another very common problem of letters sent that are wrong or inappropriate. In the unlikely event that the DWP can't tell you anything because they're awaiting the advice of ATOS HC then I'd email ATOS HC and ask for update regarding their activities... in my own case they were happy to tell me they'd received ESA50 and were contacting my GP for more information... they were later happy to tell me they'd closed the matter too (i.e. had passed their advice to the DWP).

ATOS HC and the DWP will not write to tell you that you do not need to attend face to face medical - if you're very lucky they (the DWP) will write to you and tell you the outcome of the WCA.. i.e. your ESA award.

melbury

Thanks for your detailed reply.

I can't decide whether to contact them or just leave it, as the normal payment is still coming through.

My OH couldn't contact them because he can't speak; I have to make all phone calls on his behalf.

MrsManda

What rate payment is he receiving?
If he's receiving the assessment rate (upto £71 a week for over 25s) then I'd chase it up.

If he receiving a main phase rate either for the WRAG or Support Group and the form was a reassessment they're likely to have just made the decision to keep him in that group. I didn't get a letter when this happened to me though I think technically I should've. If it's worrying you then give them a quick call.

rogerblack

If they are making a decision which you may want to appeal - for example, you're in the work-related group, but believe you may qualify for the support group - it's important to chase them every couple of weeks to make sure the decision has not been made.
This is simply as if - for whatever reason - the letter does not arrive - your time to appeal still starts to run from the date after it was posted.

melbury

MrsManda wrote: »

What rate payment is he receiving?
If he's receiving the assessment rate (upto £71 a week for over 25s) then I'd chase it up.

If he receiving a main phase rate either for the WRAG or Support Group and the form was a reassessment they're likely to have just made the decision to keep him in that group. I didn't get a letter when this happened to me though I think technically I should've. If it's worrying you then give them a quick call.

He is in the support group and has been for the past year.

I just thought that if they were intending to leave him in the support group for say another year, they would have written to confirm that.

It is all a bit worrying.

MrsManda

melbury wrote: »

I just thought that if they were intending to leave him in the support group for say another year, they would have written to confirm that.
It is all a bit worrying.

Not necessarily but as you're worried you should call and check - it'll put your mind at rest

melbury

MrsManda wrote: »

Not necessarily but as you're worried you should call and check - it'll put your mind at rest

Thanks, I am worried about that, but more so about his impending operation.

I think if I get a letter from them saying he is now fit for work that will be the last straw and I will on the phone all guns blazing.

The whole system seems to be flawed and certainly not aimed at helping those who really need it.

Muttleythefrog

melbury wrote: »

He is in the support group and has been for the past year.

I just thought that if they were intending to leave him in the support group for say another year, they would have written to confirm that.

It is all a bit worrying.

I was reassessed and put back in Support roup and they insisted they'd sent the decision letter. The actual letter they referred to did not give the decision at all.. in fact it appeared to simply inform of impending changes to benefit rates in April. Admin is appalling.. the case management system appallingly poor.

So definitely always watch bank account payments from DWP around reassessments for any changes. And definitely contact them every couple of weeks at this time until they confirm a decision has been taken, when it was taken and what it is. A decision likely has been taken in this case by now. And definitely request copy of ESA85 (if face to face medical was attended) or ESA85A (if f2f medical was not attended) which is the ATOS medical report or ATOS advice to DWP. I think these documents are potentially important even when decisions are favourable.. it helps to know how you are regarded as qualifying for the benefit for reassessments.

Mind you.. you have this phone issue... not sure if they'll speak to you.. they may if you explain he can't speak but you will be able to answer the security questions.

melbury

Thanks for all of the information.

So you are saying that ATOS can notify the DWP that a person doesn't need to attend a face to face medical based on the information included on the ESA50 form that they have sent in.

Perhaps I should try and contact them soon to find out exactly what is going on and, if applicable, ask for a copy of the ESA85A form to find out what ATOS said.

Muttleythefrog

sangio wrote: »

You were lucky!

Ignoring what has happened in the past with my ESA claim, do the DWP take any view on the fact that I have been in the Support Group since Jan 2010 when re-assessing takes place?

The reason I ask is that I haven't got the faintest of what I put on the previous two ESA50's nor do I know what the reasons were why they moved me from '0' points to Support Group on the two separate occasions. I do have both of the ESA85's that gave me the '0' points but nothing else.

I'm just wondering that if they do manage to send me the ESA50 in time, could I just put - 'see your files?'

I'm tempted to not bother completing the ESA50 and just return it blank with my signature and date on. At least that way I will get an face to face assessment that I could argue about at a later date.

Not sure how much previous decisions influence the decision at DWP but I suspect they influence ATOS in the advice provided if known. In fact at my recent reassessment there wasn't really any material to suggest I met the special circumstance criteria that I had done other than the previous ESA85 and my claim it still applied. They duly reached same decision claiming my GP ESA113 form was the basis for the view (the ESA113 actually contradicted the view!).

I would always recommend keeping copies of ESA50s submitted. And I would definitely advise completing it fully... that would seem reckless not to do.. especially since it is going to be your basis for the claimed problems... and it is a document that the DWP, ATOS and a tribunal could place importance in. Not sure how long they keep things on file for... I suspect not too long. It's unfortunate you didn't find out how you qualified for the benefit on the previous two occasions... hopefully someone will be able to advise whether requesting a copy of your file will help... you were awarded Support group upon reconsideration I understand both times after being declared 'fit for work'... somewhere hopefully in the paperwork on file are some basic details of the reconsiderations.