esa assesment in 4 days? help! advice needed!

I’m writing this for the person in his own words as it’s less confusing - He urgently needs help SO PLEASE HELP. He has a medical assessment for ESA next week (JAN 10TH).

Background- Long term mental illnesses-15 years, first medical assessment ever!, cancelled once to find an advocate-, assessment to be recorded. Suffers from alcoholism, severe depression, severe social anxiety/ social phobia/ BDD previous long standing, agoraphobia (bad body image issues) and paranoia. * No friends no family support network. Lives in a single room 8x8 foot, so no condition for a home assessment to take place
There are questions below to experts. please help and offer any other tips etc?

1 He WASN’T sent an esa50 form by MAXIMUS just the appointment time; therefore He is worried he will be disadvantaged going into the assessment. How bad is this situation? I feel if he had got the esa50 in he wouldn’t even be attending the assessment!

2 Will the LACK OF HOME VISIT LOSE POINTS/FAIL? will he be penalized for going to actual appointment?

3 RECORDING- do i secretly record in case their recorder doesn't work?

4 The advocate is ‘only’ a well-being coordinator- hasn’t been to assessments before and is naive. Thinking MAXIMUS assessors are reasonable and will not try to catch people out/ and report honestly. Also says don’t worry regarding information on these forums? SUGGESTIONS?

Information that has been collected for assessment:

A summary of my medical problems
B FULL MEDICAL HISTORY SARS
C Doctor is writing an in-depth medical report with day to day issues etc
D criminal Solicitor is writing a report, specifically – he got arrested over a disturbance that can be linked to his conditions.
E civil solicitor is writing a report- he was put in hostels and was homeless twice due to vulnerable person type behavior, homeless, not taking care of himself e, nervous breakdown etc
F Photographic evidence of living conditions/ state of his room, rotting food dirty etc? not suitable for assessment etc

IS THIS ENOUGH OR CAN ANYONE OFFER ANY SUGGESTIONS FOR THE ABOVE OR ANYTHING ELSE?
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Comments

  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    1. I've heard this before - that ESA 50s aren't sent out to some claimants with mental health issues. It's hard to tell if it is a problem or not. However, he is where he is and has to go so it's best to concentrate on the assessment now. Could he download an ESA 50 and fill it out and take it with him. If nothing else it will give him help in answering questions

    2. No

    3. I can't say I've heard of a case where the recording equipment fails. I'd say it was highly unlikely to. However, if that is a concern of his perhaps he could ask if they minded him recording it, as well.

    4. This has come up before in your posts. It was the doctor last time who was naive. I don't think anyone is going to say that all assessments are done 100% properly with the right outcomes. There have been some horror stories on here - and elsewhere. But I do think it's worth remembering that folks don't normally post on forums/go to newspapers if all has gone okay for them

    A lot of assessments are carried out fairly. I think the advocate is right - it sounds like they are trying to get your friend to concentrate on the assessment itself and how he presents. It's not going to help if he is thinking that the assessor is against him.

    Best advice I can give to your friend is to be open and honest about his condition and how it affects him

    Some guidance here

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/esa-medical-assessment/

    He has a lot of evidence there. It may well be, after all this, that he gets ESA. It's easy to say, I know, but tell your friend to try not to be too pessimistic
  • Bogalot
    Bogalot Posts: 1,102 Forumite
    Are the three of you expecting to all go into the assessment? If so, they may ask one of you to wait outside. If you do go in, and you're not the claimant, then please stay quiet, as I seriously doubt you'll be any help.

    Much of the evidence you are providing is not relevant. You're in danger of not passing because the irrelevant stuff takes away focus from your actual difficulties. Having said that, given the clearly overwrought state in your posts, I expect you will be awarded ESA without difficulty.
  • Somewhat suspicious about this post. OP will surely have been given say at least one weeks notice of original appointment, which presumably was scheduled for say early Dec 2016. Why not raise query re non-issue of ESA50 then. Moreover, if DWP/CHDA really had sent out an ESA50 then a failure to respond may have cancelled the claim/ review, not led to a f2f appointment.

    If the post is genuine, could always make urgent contact with local MP and ask them to intervene and concurrently inform DWP/CHDA of apparent confusion.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Somewhat suspicious about this post. OP will surely have been given say at least one weeks notice of original appointment, which presumably was scheduled for say early Dec 2016. Why not raise query re non-issue of ESA50 then. Moreover, if DWP/CHDA really had sent out an ESA50 then a failure to respond may have cancelled the claim/ review, not led to a f2f appointment.

    If the post is genuine, could always make urgent contact with local MP and ask them to intervene and concurrently inform DWP/CHDA of apparent confusion.


    Worth a look at the OP's previous threads to get some background

    It seems like that the OP's friend wasn't sent an ESA50 because of his mental health issues. I think you have some contact/input to Benefits and Work. They've raised this issue before (Google is your friend if you aren't as close to B and W as I thought) but, it would appear that, you don't have to complete an ESA50 before a reassessment
  • PHILANTHROPIST
    PHILANTHROPIST Posts: 410 Forumite
    edited 7 January 2017 at 8:37PM
    NeilCr wrote: »
    Worth a look at the OP's previous threads to get some background

    It seems like that the OP's friend wasn't sent an ESA50 because of his mental health issues. I think you have some contact/input to Benefits and Work. They've raised this issue before (Google is your friend if you aren't as close to B and W as I thought) but, it would appear that, you don't have to complete an ESA50 before a reassessment

    Understand where you are coming from Neil, but still perplexed. The whole matter (if 100% accurate) appears to be a mess and swift intervention of local MP or similar may help. Even make contact with DWP.

    Link below discusses instances where there has been no ESA50 issued, but CHDA's actions in the the OP's matter do not, unless I am mistaken, appear to strictly comply with any statutory legislation and/or guidance. Only time I've heard of no ESA50 being issued are cases where reviews are done based on a paper review of pre-existing data, i.e. there is no need for a f2f assessment.

    https://www.benefitsandwork.co.uk/news/3053-missing-forms-missing-medicals-missing-qualifications
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Understand where you are coming from Neil, but still perplexed. The whole matter (if 100% accurate) appears to be a mess and swift intervention of local MP or similar may help. Even make contact with DWP.

    Link below discusses instances where there has been no ESA50 issued, but CHDA's actions in the the OP's matter do not, unless I am mistaken, appear to strictly comply with any statutory legislation and/or guidance. Only time I've heard of no ESA50 being issued are cases where reviews are done based on a paper review of pre-existing data, i.e. there is no need for a f2f assessment.

    https://www.benefitsandwork.co.uk/news/3053-missing-forms-missing-medicals-missing-qualifications

    This was the B and W link I was referring to

    https://www.benefitsandwork.co.uk/news/3065-esa-mental-health-claimants-being-denied-chance-to-complete-vital-esa50-form

    I agree it's a mess but the OP's friend is where he is. I'm very inclined to the view that he should go ahead (given the fact that he has already had a deferment) and see how it pans out. On the face of it (ESA for the last 15 years) he has a good chance of it continuing. If there is a problem then he can look to take it further.

    On a separate point I struggle with the (apparent) Maximus position on not asking for ESA50s for certain applicants. But, to be fair, I don't know the whole story
  • PHILANTHROPIST
    PHILANTHROPIST Posts: 410 Forumite
    edited 7 January 2017 at 9:37PM
    Yep Neil, an interesting, but concerning link. It tallies and pre-dates the one I uploaded. The links are both from 18 months ago - surely there must have been some clarification since !?

    I looked at the latest WCA handbook - published last summer by Maximus / CHDA - (link below) and again it does not discuss a scenario where an ESA50 is not sent out. In fact the only inference that such an omission could occur is on page 17 - " In most cases, the claimant is sent an ESA50 form to complete."

    Upon reflection and re-reading the WCA Handbook I would agree that a) an ESA50 is downloaded and filled out by claimant; b) is hand delivered to CHDA centre, ideally by 9 January, inc a request that the commencement of the medical scheduled for 10 January be delayed by say 20 mins to ensure that the HCP reads the up to date ESA50 before beginning the interview, and c) attend f2f on 10 January, and ideally sit in the room and observe the HCP actually reading the up to date ESA 50, and d) ensure the assessment is taped - OP - how come the CHDA have agreed to provide recording equipment, given that you claim that there has been no meaningful interchange of correspondence to date !? .

    Regardless, if this is a real scenario I for one would be happy to provide input to check pro bono that the wording on the form is succinct and presented in the most "descriptor friendly" format. I have vast experience in this field, in particular for persons who are mentally impaired.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/535065/wca-handbook-july-2016.pdf
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    To be picky yours pre dates mine! I couldn't find anything beyond these either - and have had not had this issue with any clients of mine (right up to this week).
  • NeilCr wrote: »
    To be picky yours pre dates mine! I couldn't find anything beyond these either - and have had not had this issue with any clients of mine (right up to this week).

    Apologies, if my date pre or post dates yours lol

    On the bigger picture, I have also never come across this scenario.

    I repeat my offer to help review the claimant's ESA 50 once downloaded and drafted. If this matter is a real case of underhand practice by Maximus then I ,for one, would like to see them be put to shame.
  • Sorry to be posting on your thread but I recieved a text message from the dwp yesterday (Saturday) saying "we have an update/need info about your ESA claim please call us today due to a notified change to your address" I am really worried about this text I have not moved and I recieved it on a weekend so could it be a mistake as there offices are closed does anyone know?
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