ESA Confusion

room512

My OH attended a face to face assessment in January and was put in the support group ESA. He has received a Capability for Work Questionnaire today to fill in and return by November 21st. When he was put in the group all the letters at that time said that he would receive the benefit for 3 years so I don't understand why he has now received this questionnaire? Nothing has changed in our circumstances except he attended a face to face assessment in July swapping from DLA to PIP and he receives his first PIP payment next week. Should I ring Jobcentre pus to see why he has had this letter or just fill in the form and send it back? Thanks for any help.

TELLIT01

Give ESA a call by all means, but don't simply ignore the ESA50. It's possible that the wrong code was put into the system when he was given the Support Group and that has caused the ESA50 to be generated. Equally, the wrong letter might have been sent.

epitome

ESA Award letters do not say the length of time till re-assessment, Decision Maker Statements sometimes do.

You should phone ESA, and ask them to read to you, the notes the Decision Maker wrote in January/February

It will be something like
28/01/17: Support Group allowed, prognosis (XX months or X years)

Also ask them to look in the D.M.A.C.R. at the actual decision statement, and see if that mentions a period. You can ask for a copy of the DM statement to be sent to you.

If the note/decision says 6 months - you have no chance and must comply with process.

If the note/decision says 3 years - you should ask for a call back from "Maintenance WCA" to have it set aside and changed to Jan / Feb 2020


*Until you have been told it has been changed...you must comply with the process...otherwise risk your claim being closed for non-compliance.

Hoogle

I have a friend that moved from DLA to PIP been on long term ESA he also got the form, he has severe Aspergers and polio disability. The reason he got the form was because it is to put a mark on record that he no longer has to have face to face re assessments in the future. Basically confirming that what he has is for life and is not going to change other than get worse with age.

nannytone_2

i had an ESA assessment in july. no medial needed, letter dated 7/7.
the first week ov august i received n ESA50.

i phoned to ne told this was an error and to ignore it.

last week of september i got a letter saying they hadn't received my ESA50 and that i had until the 11th to return it.

this was despite me calling early august and being told i had a 3 year award.

they said it is a known glitch and that all 3 year support group awards were being sent ESA50'd in error.

dont ignore it, but i hope it puts your mind at rest. its happening to a lot of people

Alice_Holt

Info on completing ESA50:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-claims
http://www.mybenefitsandwork.co.uk/med2/indexxx.php
https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group
http://www.cpag.org.uk/content/making-exception
Also may be info on disability specific sites e.g
https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/employment-support-allowance

And / Or get help from your local CAB / advice agency.

My inclination would be to return it, given the risk of the claim closing if you don't.
Enclose a copy of previous award notice / WCA conclusion page plus (if appropriate and possible) a GP's or other HCP's letter confirming that there has been no improvement since January.

room512

Just to update:

I spoke to the ESA people and it is an error. The first man I spoke to said it was sent in error and I had to ring another department to cancel it all (Centre for Health and Disabilities) where I spoke to the rudest person ever, who insisted my husband was not in the support group and should have been attending meetings and was so mean she made me feel like crying! i then rang the ESA again and spoke to a lovely lady who assured me that my husband was in the support group. She also forwarded the whole problem on to the department that will sort it out and said he will not need to go for another face to face assessment before January 2019 as the original decision covers him for at least two years.

I am left totally upset about the whole system as I could sort this out for my husband, but what about vulnerable people who don't have someone that can? This morning my OH was saying he didn't want to claim ESA as it was causing him too much distress. I ignored him and just sorted it all out. At least it is resolved now and thanks for all of the advice on here. We were told not to fill in the questionnaire as he shouldn't have been sent it. I will wait to see if any more letters arrive. What a stressful afternoon!

epitome

room512 wrote: »

Just to update:

I spoke to the ESA people and it is an error. The first man I spoke to said it was sent in error and I had to ring another department to cancel it all (Centre for Health and Disabilities)

This man sent you on a wild goose chase and you should make a formal complaint about him when you next phone ESA.....If he thinks you should not be getting assessed again, he should take action within the DWP himself, to get the Medical Referral withdrawn. He should know it is impossible for Medical Services to cancel a medical referral...the only people who can cancel it are the DWP.
in your complaint , you should insist on a written response.

where I spoke to the rudest person ever, who insisted my husband was not in the support group and should have been attending meetings and was so mean she made me feel like crying!

A Medical Services employee would not know what group he is in, again phone back Medical Services and ask to make a formal complaint about this person, speak to their manager and ask them how you are able to request a audio copy of the telephone call

I then rang the ESA again and spoke to a lovely lady who assured me that my husband was in the support group. She also forwarded the whole problem on to the department that will sort it out and said he will not need to go for another face to face assessment before January 2019 as the original decision covers him for at least two years.

This lady has acted correctly....sort of....

I'm not sure why you did not do -on the first phonecall or this 2nd call- what I told you do and what to ask for ...i.e. "you should ask for a call back from "Maintenance WCA" to have it set aside and changed to Jan / Feb 2020"

Why is she saying "at least 2 years" Did she read the notes and decision to you, like I suggested you ask for?
Did you ask for a copy of the Decision Makers Statement to be sent to you?

I am left totally upset about the whole system as I could sort this out for my husband, but what about vulnerable people who don't have someone that can? This morning my OH was saying he didn't want to claim ESA as it was causing him too much distress. I ignored him and just sorted it all out. At least it is resolved now and thanks for all of the advice on here. We were told not to fill in the questionnaire as he shouldn't have been sent it. I will wait to see if any more letters arrive. What a stressful afternoon!

I do not agree that you have "sorted it all out" you have the word of one "lovely girl", that it will be sorted out....but you do not know that it has been sorted out....

Please phone ESA again (make a compliant about the first guy) and ask for a "call back" from "Maintenance - WCA" to confirm this re-assessment has been withdrawn. Or alternatively you can ask ESA (without a call back) if the referral has been withdrawn....if it has been wothdrawn ...ask them what date is showing as the rereferral date now in JA791 ?
And then call Medical Services to confirm the referral has been withdrawn.


When you know that it has been withdrawn.......then you know it has been sorted out..

.

room512

I will phone the ESA again tomorrow (husband's birthday is today). The last person did read the notes and decision made to me which is how I know he doesn't need a medical for 2 years. I don't want to make complaints as I am sure the people are doing their best and must have to deal with lots of people moaning at them (which I wasn't, I understand mistakes happen and just wanted to sort it). I didn't follow the exact advice given as I was scared if I started quoting codes or acronyms to them that they would think I knew more than I did and I wouldn't understand the responses. I am an intelligent person but feel out of my depth with all of this.

I will now follow the advice given!

bspm

room512 wrote: »

I will phone the ESA again tomorrow (husband's birthday is today). The last person did read the notes and decision made to me which is how I know he doesn't need a medical for 2 years. I don't want to make complaints as I am sure the people are doing their best and must have to deal with lots of people moaning at them (which I wasn't, I understand mistakes happen and just wanted to sort it). I didn't follow the exact advice given as I was scared if I started quoting codes or acronyms to them that they would think I knew more than I did and I wouldn't understand the responses. I am an intelligent person but feel out of my depth with all of this.

I will now follow the advice given!

Happy Birthday to Hubby :bdaycake::bdaycake:

williacg

room512 wrote: »

I will phone the ESA again tomorrow (husband's birthday is today). The last person did read the notes and decision made to me which is how I know he doesn't need a medical for 2 years. I don't want to make complaints as I am sure the people are doing their best and must have to deal with lots of people moaning at them (which I wasn't, I understand mistakes happen and just wanted to sort it). I didn't follow the exact advice given as I was scared if I started quoting codes or acronyms to them that they would think I knew more than I did and I wouldn't understand the responses. I am an intelligent person but feel out of my depth with all of this.

I will now follow the advice given!

I hope all goes well, I went through it once, and I can still remember what a daunting and totally draining experience it was trying to get things sorted, I would suggest one thing though, keep a diary / note book of all your telephone conversations, including the times and dates, and use recorded delivery if posting any documents, and have all of your notes together to refer to for when you next get on the phone to them.

Good luck.