ESA Work Capability reassessment tomorrrow!..No ESA50 was required?

biggysmaller

Does anyone know what the reason would be for a WCA reassessment appointment being issued with the need to fill out an ESA50 questionnaire?

I queried this with the assessment centre when I ordered equipment to record the assessment and was told 'it was fine' that I did not fill out an ESA50 questionnaire - I thought it was standard practice to fill out this form before a reassessment?

Haa anyone experience this procedure?

Very apprehensive about the assessment as the first one (over a year ago) was dreadful and the assessor told a pack of lies in her report - hence, had to go to tribunal and win!

IAmWales

It can happen when a claimant has mental health difficulties and might not be able to complete the form. Have you submitted medical evidence?

biggysmaller

IAmWales wrote: »

It can happen when a claimant has mental health difficulties and might not be able to complete the form. Have you submitted medical evidence?

They have not asked for further medical evidence this time around, although I have a very detailed doctors letter and a surgeons report - all of which I did not provide first time around.

They just asked me that I come in for a health assessment without any further questioning.
Is it not odd that they have not asked if my condition has deteriorated, which it has?

I have learnt from their lies in the past to have the assessment recorded, as I did with my PIP assesment and that recorded assesment was worlds apart from the unrecorded ESA assessment!

IAmWales

It's not the norm, but no one here has access to your claim to know the reasons why. You should have queried it, and if you wanted to requested a form, when you first received the letter.

You're going to have to work backwards now. Go to the assessment and then if need be complete a form as part of the mandatory reconsideration process.

biggysmaller

IAmWales wrote: »

It's not the norm, but no one here has access to your claim to know the reasons why. You should have queried it, and if you wanted to requested a form, when you first received the letter.

You're going to have to work backwards now. Go to the assessment and then if need be complete a form as part of the mandatory reconsideration process.

Well I may have enough medical evidence to be sufficent for a MR should it come to that. I imagine the assessor will photo copy and use this evidence and pass this on to the decision maker. An ESA50 will ony repeat what I have in paper form from medical experts. I was awarded a lot of points by the tribunal and put in the Support Group, and was, therefore, surprised to be called in for a reassessment and so soon.

I am just very apprehensive with an assessment so close to christmas! I know how these assessors work and it doesn't fill me with confidence!

poppy12345

biggysmaller wrote: »

Well I may have enough medical evidence to be sufficent for a MR should it come to that. I imagine the assessor will photo copy and use this evidence and pass this on to the decision maker. An ESA50 will ony repeat what I have in paper form from medical experts. I was awarded a lot of points by the tribunal and put in the Support Group, and was, therefore, surprised to be called in for a reassessment and so soon.

I am just very apprehensive with an assessment so close to christmas! I know how these assessors work and it doesn't fill me with confidence!

being put into the Support Group isn't about those points. It's either one of the Suport group descriptors applying to you or reg 35.

biggysmaller

I believe that section 35 was a factor to being put in the support group on appeal. I am therefore confused as to why I am having a face to face reassessment.
So how should I approach the ESA50 issue at the assessment centre tomorrow? Should I insist on filling out one? Will the assessor have to agree to this before a decision is made? Or should I rely on my medical evidence and if it goes to MR then insist on an ESA50 form?
Also, if I am assessed to be fit for work to put into the WRAG Group, how will this affect my severe disability premium - would that also be stopped?

poppy12345

biggysmaller wrote: »

I believe that section 35 was a factor to being put in the support group on appeal. I am therefore confused as to why I am having a face to face reassessment.
So how should I approach the ESA50 issue at the assessment centre tomorrow? Should I insist on filling out one? Will the assessor have to agree to this before a decision is made? Or should I rely on my medical evidence and if it goes to MR then insist on an ESA50 form?
Also, if I am assessed to be fit for work to put into the WRAG Group, how will this affect my severe disability premium - would that also be stopped?

Reg 35 won't stop you being re-assessed. Being placed in the WRAG won't affect your SDP but it will affect the Enhanced disability premium (£15.90 per week) unless you have a Enhanced daily living PIP award or High rate care DLA.

I can't answer the question about your ESA50 form. Hopefully someone like Epitome will be here later to answer that.

poppy12345

I found this, although dated 2 years ago it may help answer your questions.
https://www.benefitsandwork.co.uk/news/3065-esa-mental-health-claimants-being-denied-chance-to-complete-vital-esa50-form

biggysmaller

poppy12345 wrote: »

I found this, although dated 2 years ago it may help answer your questions.
https://www.benefitsandwork.co.uk/news/3065-esa-mental-health-claimants-being-denied-chance-to-complete-vital-esa50-form

Yes, I read this before. I am now wondering if they are acting witthin the Law by not sending ESA50 questionaires. This puts my in a tricky situation tomorrow, as could I refuse to do the assessement on the basis that they did not send me a questionaire and I would be at a disafvantage to convey the extent of my illness!

poppy12345

biggysmaller wrote: »

Yes, I read this before. I am now wondering if they are acting witthin the Law by not sending ESA50 questionaires. This puts my in a tricky situation tomorrow, as could I refuse to do the assessement on the basis that they did not send me a questionaire and I would be at a disafvantage to convey the extent of my illness!

If you refuse to do the assessment, then your file will be returned to DWP and it's possible you could be found fit for work.

Is there any reason why you've left it until the day before your assessment to come onto a forum to ask these questions? Wouldn't it have been better to have rang DWP to ask why you weren't sent the ESA50 form?