ESA50 Form

Bevmw63

Hi,

My mother has been on Employment Support Allowance (or whichever benefit was paid before this was introduced) since 1988 owing to a longstanding illness.

She has always completed and returned forms along with supporting medical evidence from her doctors/specialist on each occasion this has been requested by the DWP. My mother received an ESA50 form in January 2014 which she completed and returned with said medical evidence and heard nothing more until she was invited to an ATOS assessment in March 2015. In the intervening 14 months her health worsened and she was diagnosed with further illnesses. However he assessment by ATOS was conducted on a form and medical evidence provided to them in excess of a year ago and owing to this she has been informed that she does not meet the criteria to continue receiving ESA in spite of her illnesses being far worse than they were previously. The DWP have stated the decision was made primarily on the information was given on the ESA50 form however as stated my mother heath has deteriorated greatly since then.

is there a time-frame in which such information provided to the DWP should be used as I feel to have made a decision on information which was very clearly 'out of date' and which has changed tremendously in the meantime is appalling. Also any assistance on helping my mother rectify this matter would be greatly appreciated.

Kindest regards

rogerblack

She can, and should have supplied information about her condition worsening in the lead-up to the appointment.

However.
She can now appeal the decision, on the grounds that the assessment was inaccurate as it did not properly find out details of her worsening.
Supply evidence to this.
It is unlikely that she would get backpay beyond the assessment date if the appeal succeeds.

Bevmw63

This was her first assessment with ATOS so was unaware that she could supply further evidence nor was it requested of her.

We have already submitted a Mandatory Reconsideration informing them of this however this was returned unsuccessful owing to the fact she did not gain enough points from the ESA50 form which was filled out in excess of a year ago and was used in the assessment as point of reference. Are there any further appeals we can make?

rogerblack

Bevmw63 wrote: »

This was her first assessment with ATOS so was unaware that she could supply further evidence nor was it requested of her.

We have already submitted a Mandatory Reconsideration informing them of this however this was returned unsuccessful owing to the fact she did not gain enough points from the ESA50 form which was filled out in excess of a year ago and was used in the assessment as point of reference. Are there any further appeals we can make?

If she has done the mandatory reconsideration step, then she can continue directly to the tribunal - she must put in an appeal within 30 days.