Not knowing when ESA Review date is

gray1404

I thought I would start a separate thread on this because I do not want to go off topic elsewhere.

This thread is about not knowing when an ESA Reassessment will be i.e. the ESA50 arriving.

A member of my family is on ESA in the Support Group. He has not been called for a reassessment for 4 years now and he has never had a face to face medical. They have always just accepted the ESA50 and a supporting letter from the Consultant Psychiatrist.

He has been migrated from Incapacity In Youth and has ADHD, Asperger's Syndrome, Depression, Dyslexia and Dyspraxia. He has not been reassessed for 4 years it actually stresses him out that a form could arrive any day. I do actually wonder if they have looked at his claim and decided not to reassss him.

I recently spoke to one of the Supervisors at the local Benefit Delivery Centre about the length of time it was taking them to update his capital amount. The Supervisor ensured a DM did it same day once I had spoke to him, but they had received the information 5 months earlier and still not acted on it. He explained that they have massive back log of everything at the moment and not to worry.

Another poster on here has suggested calling ESA and asking them to look at screen JA791 to tell find out the date it says he due to be re-assessed. Although we would know exactly where we stand then, is there a danger we could be shooting ourselves in the foot? i.e. they look at screen and see it should have been done already and then this prompts them to send out an ESA50 or they realise something else is wrong. I am a believer in "if it aint broke don't fit it."

TELLIT01

The longest date the ESA system will accept for reassessment is 3 years from the previous assessment. That doesn't mean that the reassessment will actually take place within that timescale. As you have already discovered it can be longer.
ESA provide the information about reassessment dates to the company doing the work, it is then out of ESA's control. When I worked on ESA there was, as you have been told, a massive backlog and it would seem that hasn't changed. Your family member needs to work on the basis that nothing will change until they are contacted and try to put concerns to the back of their mind. The backlog isn't limited to assessments, changes notified by claimants was also taking months to action. There were rows of filing cabinets literally stuffed full of information waiting to be actioned. If information is provided on time, but not actioned, DWP cannot demand that any overpayment caused should be repaid.

gray1404

So if I was to phone ESA in the morning, would I most likely find that the JA791 will have expired already (i.e. over 3 year) and I would most likely be told not to worry and just wait to be contacted?

I will try to tell him not to worry and when the form does arrive, we shall sort it. Nothing has changed so there is no reason why he won't stay in the Support Group plus we have all the medical evidence to support that.

It sounds like there is no point my phoning tomorrow to find out then?

Is there a possibility they have looked at it already and decided not to get in touch and just allow his claim to continue?

nannytone_2

its not likely that they would reassess him without an ESA50 being completed.

i first received ESA in 2011 and had my first re assessment in june this year because of the backlog

epitome

gray1404 wrote: »

I thought I would start a separate thread on this because I do not want to go off topic elsewhere.

This thread is about not knowing when an ESA Reassessment will be i.e. the ESA50 arriving.

A member of my family is on ESA in the Support Group. He has not been called for a reassessment for 4 years now and he has never had a face to face medical. They have always just accepted the ESA50 and a supporting letter from the Consultant Psychiatrist.

He has been migrated from Incapacity In Youth and has ADHD, Asperger's Syndrome, Depression, Dyslexia and Dyspraxia. He has not been reassessed for 4 years it actually stresses him out that a form could arrive any day. I do actually wonder if they have looked at his claim and decided not to reassss him.

I recently spoke to one of the Supervisors at the local Benefit Delivery Centre about the length of time it was taking them to update his capital amount. The Supervisor ensured a DM did it same day once I had spoke to him, but they had received the information 5 months earlier and still not acted on it. He explained that they have massive back log of everything at the moment and not to worry.

Another poster on here has suggested calling ESA and asking them to look at screen JA791 to tell find out the date it says he due to be re-assessed. Although we would know exactly where we stand then, is there a danger we could be shooting ourselves in the foot? i.e. they look at screen and see it should have been done already and then this prompts them to send out an ESA50 or they realise something else is wrong. I am a believer in "if it aint broke don't fit it."

You refer to my other post

Originally Posted by epitome

If you want to know, rather than not knowing, you could phone and ask them to look in screen JA791 to tell you the date it says he due to be re-assessed.

As you have already been waiting 4 years...possible scenarios are...(all of these are real life examples) they are also listed in order of rarity with the most rare being at the top of the list.

• It started a year ago he failed to attend his medical assessment but there is a communication problem between Medical Services and ESA and his claim has not been closed because of the communication problem, but as soon as ESA finds out, his claim will be closed.
• It started a year ago, he failed to attend or failed to return the form, a decision was made to close his claim, but the decision was never acted on and his claim is carrying on paying him in error
• It has already started 3 - 6 months ago and you have missed the letters and forms that have been sent. but his assessment appointment has not been made yet.
• It has recently started and the form is on its way to you now.
• It should have started a year ago but it has been missed by ESA, but they will realise eventually- they will tell you the date
• It has not started yet and the date for it to start has not been reached yet - they will tell you the date.

I am a little confused by this. If an ESA50 had been sent out then we would have filled it in and returned it. In addition, if an ESA50 had been sent out and not returned they would have sent a reminder letter as well. So as it stands there is nothing to worry about at all.

Here we have the classic example of someone who thinks:
1. If a letter is posted to themselves that it will have been received by themselves.
2. If a computer system says it has been posted that must mean it was posted....and therefore... see point 1.

*DWP, by the way, treat points 1 & 2 as gospel, because the Law (Interpretations Act (1971)(?) allows them to.
Sensible people realise that the world is not perfect. When a letter is sent, it may not arrive. And just because a computer says it was posted does not mean that it was.

is there a danger we could be shooting ourselves in the foot?

It's up to you, yes your actions can cause a reaction at DWP, but the worst that is going to happen is that DWP realise they have not followed due process and they get on with it, that is after all, what you signed up for.


Also in the rare example where there is a serious problem on his claim ..... do you want to know now, and have a potential 1 year overpayment of ESA (not repayable by you) but you will lose NI credits for the period of error....and this (as I understand it) leads to an overpayment of Housing Benefit and Council Tax Benefit -...which are repayable by you.


So you can know now and have a 1 year overpayment
or you can wait another year or 2 and have a 2 or 3 year overpayment.

And if it is a rare example serious problem....the fact that you phone up asking about why he has not been assessed in 4 years...helps to get the DWP to believe your story that you genuinely did not receive the ESA50, the reminder, and the appointment letter and the BF223. Yes, that is 4 letters.

I have another thread on here where I am helping someone in this exact situation...he missed 3 out of the 4 letters and it was only by luck that the 4th one BF223 was actually sent to him.....Luckily for him he followed my advice and I am sure everything will be ok for him, we are waiting for the outcome..

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epitome

nannytone wrote: »

its not likely that they would reassess him without an ESA50 being completed.

Not true, many assessments are done without the ESA50 having been returned, because they are not all mandated to be returned, there are exemptions....which from the sound of the OP, her husband is exempt.


They would NEVER assess someone without an ESA50 having been sent out to the claimant...but that is a completely different subject, which I have covered above.

gray1404

epitome, applogies if you feel I have not fully heeded your advise. I totally have and hope I have not upset you. I understand your point totally about not every letter put into the post is received.

You know above you speak about "exemptions" to returning the ESA50 - having first established it is sent in all cases - what sort of exemptions are they?

epitome

Hi, (no problem),

A claimant does not have to return an ESA50 if they have a Mental health Medical Condition. And it has to be on the DWP list of Mental health Conditions to qualify as Mental health. (for example, Alzhiemers does not qualify...don't ask me why it doesn't) This only applies to the ESA50. Everyone who is asked, must attend a medical assessment.

This is why the most serious rare examples I was talking about.... happen only to Mental heatlh claimants because the fact they did not return the ESA50 does not get challenged.

gray1404

In my family members case, we have always returned the ESA50 with medical evidence and he has never been called to attend a medical. Quite honestly, he would not attend a medical and if they came on a house visit he would be in a state for weeks ahead, be to fearful to come out of his bedroom to see the person and if we forced him he would refuse to speak or look at the person. I would be on edge the whole time because if they asked him the wrong thing he could end up having a rage of anger against them. He will only deal with people he trusts. So, I am totally relieved they have never made him have a medical (for ESA or PIP - for which he has "ongoing" award).

The time I spoke to the Decision Maker about the delay with the ESA50 (he refused to sign it because he was scared) she didn't insist we sent it back, but she said it would be really useful to have it and he also said "look don't worry, we know he can't work. That's not going to change. Its just a lot easier if we have the form." We have always enclosed a supporting letter form the Consultant Psychiatrist too.

I just hope to goodness next time they assess him they decide not to see him again and decide not to assess him again.

epitome

Whenever you have a ESA50 sent out, you should ask the doctor for a letter confirming the doctor thinks that he is not able to go to the medical centre for an assessment, you should write at the back of the ESA50 that you
"want to apply for a Home Visit Medical Assessment should a face to face visit be required, and please find enclosed Doctors letter regarding the same."

Do not send it back without this request and doctors letter, because otherwise -if they want to do a face to face- they will send an appointment to attend at the medical centre, and it will be too late for you to apply for a home visit.... the claim will be closed if you do not attend and you will be very stressed trying to get it re-opened.

You must do this every time you get an ESA50 you cannot rely on the fact that "a year ago it was applied for on the last referral" every new referral is a new referral and you must apply again for a home visit. Even if you are given good cause for Failing to Attend and it goes back as a new referral you must apply again.

gray1404

epitome wrote: »

Whenever you have a ESA50 sent out, you should ask the doctor for a letter confirming the doctor thinks that he is not able to go to the medical centre for an assessment, you should write at the back of the ESA50 that you
"want to apply for a Home Visit Medical Assessment should a face to face visit be required, and please find enclosed Doctors letter regarding the same."

Do not send it back without this request and doctors letter, because otherwise -if they want to do a face to face- they will send an appointment to attend at the medical centre, and it will be too late for you to apply for a home visit.... the claim will be closed if you do not attend and you will be very stressed trying to get it re-opened.

You must do this every time you get an ESA50 you cannot rely on the fact that "a year ago it was applied for on the last referral" every new referral is a new referral and you must apply again for a home visit. Even if you are given good cause for Failing to Attend and it goes back as a new referral you must apply again.

Just to confirm, we have never had to even have a home visit. They have always just put him into the support group on the basis of the ESA50 and the doctor's letter being enclosed. Nothing more. What is the best way to achieve this again? I guess I am trying to understand why they have done this both times we've received an ESA50 and make sure we have this again.

Also, next time he is assessed we are hoping that, under the new change of policy, they will decide that they do not need to see him again. What is the best way of a achieving this?

Thanks