Received ESA50 Form for third WCA Assessment. Had one particular question

jasonwatkins

As per the title, this will be my third WCA assessment. The last one was three years ago which I appealed and won. The recommendation from the tribunal was that I shouldn't be re-assessed for two years, so these forms are about a year overdue anyway.

I have to get them back in by the 17th of August, so I was wondering if anyone knew the average turnaround time between them receiving the forms and then giving me a date for the actual assessment itself?

I am experiencing severe financial difficulties at the moment but, with luck and some determination, I can be free from those at the end of November this year but that's still 4 months away so I'm just extremely concerned about whether or not they'll fast-track me into an appointment - with my medical condition being as it is, it's 100% guaranteed that they'll find me fit for work and stop my ESA which will be pretty catastrophic financially, especially since I'd be making a new claim for Universal Credit.

I know it's very much a 'how long is a piece of string' question, but if anyone has an clues i'd be grateful - thanks

GotToChange

This was my time-line recently:
Form received 3 March - required back to them by 4 April - appoinment for early June but I requested postponement to 25 June (due to needing someone to come with me and their availability). Overall, nearly 4 months - athough I am sure this kind of thing varies by region...
(And I just got the result letter today but the decision is backdated to 10/7 - I really hope the £20 per week I am losing will help the country's financial defecit )
At my Assessment last May (so only 9 months between that one and this), the Assessor actually told me there and then what her recommendation would be, which must be unusual.

jasonwatkins

GotToChange wrote: »

This was my time-line recently:
Form received 3 March - required back to them by 4 April - appoinment for early June but I requested postponement to 25 June (due to needing someone to come with me and their availability). Overall, nearly 4 months - athough I am sure this kind of thing varies by region...
(And I just got the result letter today but the decision is backdated to 10/7 - I really hope the £20 per week I am losing will help the country's financial defecit )
At my Assessment last May (so only 9 months between that one and this), the Assessor actually told me there and then what her recommendation would be, which must be unusual.

Thanks for that, that's very interesting. If that kind of timeline applied to me then I might be ok, especially since I also would need someone to come with me and they live in another county.

I need to get an appointment at my local CAB to get some more information - they've helped me twice before and they've been great, so maybe they'll have a better idea of the local area and what sort of timescales there are.

GotToChange

jasonwatkins wrote: »

Thanks for that, that's very interesting. If that kind of timeline applied to me then I might be ok, especially since I also would need someone to come with me and they live in another county.

I need to get an appointment at my local CAB to get some more information - they've helped me twice before and they've been great, so maybe they'll have a better idea of the local area and what sort of timescales there are.

You're welcome - yes, like I said, it probably varies; I bet your CAB will have a better idea. One recommendation if you want to postpone; the longest they can allow is two weeks....


In terms of regional differences, I asked the Tribunal Service about the wait (this is for PIP) and between my area and the adjacent, there was a five week difference.

poppy12345

There's no timescales because it depends on backlog in your area. Some wait a few weeks, while others wait months.



You don't say which group you're currently in. Do you know the reasons why you're in that group? It will help to know this. Take a look at both descriptors here.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


Also reg 29 for WRAG and 35 for Support Group explained here.
http://www.cpag.org.uk/content/making-exception


I'd advise you to send evidence to support your claim.

jasonwatkins

thankyou.

i believe i'm in the WRAG group because I've been seeing a woman from the local DWP regarding finding me ways back in to work - I have another appointment with her on the 2nd of August.

As far as the actual WCA test itself goes, it doesn't really matter what evidence I submit because sleep apnea, which I have, isn't generally regarded as anything in the process so I absolutely know I'm going to fail - I've been given zero points every time i've been assessed in the past.

I had a particularly bad day during my last assessment three years ago where I was literally struggling to put together a coherent sentence and all that was written on the paperwork was "looks tired".

Strangely enough though, as luck would have it, I'm actually booked in for an overnight sleep study on the 6th of August to see if my condition has worsened, so I'll have to ask them if they can maybe fast-track the results to me.

Either way, I still need to delay this as long as is humanly possible otherwise i will very likely experience a complete collapse in my financial situation.

Alice_Holt

jasonwatkins wrote: »

As far as the actual WCA test itself goes, it doesn't really matter what evidence I submit because sleep apnea, which I have, isn't generally regarded as anything in the process so I absolutely know I'm going to fail - I've been given zero points every time i've been assessed..

But the tribunal thought otherwise. What points did they award you, or did they think Reg 29 applied?
Look at the Tribunal Decision Notice.
Has your condition improved since the tribunal?

Does this apply:
12. Awareness of everyday hazards
Possibly:
14. Coping with change, and
16. Coping with social engagement due to cognitive impairment.

Reg 29 may apply:
Risk to health (self and others) if found fit for work.
If you don't drive because of your fatigue and tiredness during the working day, that may support Reg 29.
As there is no question about Reg 29 on the ESA50 form, you should write about this in the any other info box.

poppy12345

If you do have to attend an assessment then remember you can only cancel the appointment once.

jasonwatkins

Thanks again for the replies - all very helpful. I can actually tell you specifically what the tribunal found from the last appeal I won in 2015 because I have my letter right here

They awarded me 18 points from the activities and descriptors in Schedule 2 of the ESA Regulations 2008 made up as follows ..

10. Consciousness during waking moments - at least once a month has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 6 Points.

15. Getting About - is unable to get to a specified place with which the claimaint is unfamiliar without being accompanied by another person. 6 Points.

16. Coping with social engagement due to cognitive impairment or mental disorder - Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. 6 Points.

As far as Reg. 29 goes, I'm actually medically disqualified from driving due to the sleep apnea and have been for many, many years, even though I have never actually passed a driving test which is suitably bizarre

There's been no change in my sleep apnea and you could even argue it's gotten worse due to the fact that i'm still in a very small group of people who can't actually tolerate the CPAP machines.

I also somehow managed to pick up a viral infection in my left eye last year which, unfortunately, is permanent. It has an ongoing effect on my vision and if it flares up again it will require immediate treatment otherwise i've been told i could lose the sight in the eye all together if I left it - I've got a small novel-sized batch of letters and appointment letters to cover this as well.

Alice_Holt

If you can get evidence that your condition hasn't improved (GP, or even a family member), then I would include this with your ESA50 together with a copy of your Decision Letter.

A suggestion -
On the ESA50 complete sections for 10, 15, & 16 plus 12 (and 14 if relevant), and put in Reg 29 - risk to health.