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ESA RE-ASSESSMENT
- sarahphill
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7 years 1 month ago #184439 by sarahphill
ESA RE-ASSESSMENT was created by sarahphill
Any advice would be helpful.
My partner has been on esa for a number of years, originally wrag, then in 2012 moved to support group under reassessment without medical under the special rule where likely to be detrimental to him etc if found capable of work.
the last reassessment in 2016 also was concluded the same way ~ support group special rule.
The same info and medical evidence was given this time around but a medical appointment has been given, letter dated exactly 1 month after the deadline to return the form.
He had a pip interview a few months ago and received a10 year award.
I just can't understand why a different situation has applied this time ~ any ideas??
thanks
My partner has been on esa for a number of years, originally wrag, then in 2012 moved to support group under reassessment without medical under the special rule where likely to be detrimental to him etc if found capable of work.
the last reassessment in 2016 also was concluded the same way ~ support group special rule.
The same info and medical evidence was given this time around but a medical appointment has been given, letter dated exactly 1 month after the deadline to return the form.
He had a pip interview a few months ago and received a10 year award.
I just can't understand why a different situation has applied this time ~ any ideas??
thanks
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- Gordon
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7 years 1 month ago #184459 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA RE-ASSESSMENT
sarahphill
You say that the "same info and medical evidence" was sent with the ESA50, do you mean that it was the exact same information as was sent in 2016, or that it was updated versions of the same information?
Unlike the other ESA Descriptors, there is no presumption that the issues of Substantial Risk persist from one assessment to the next. It is essential to send in new evidence of the Risk each time that the claim is looked at. If you have not then this may be the reason why a face to face had been required this time.
Also, the guidance to assessors in regard to Substantial Risk has been changed in the last year and this may also have contributed to the need for a face to face. See the current ESA Claim guide due to mental health issues for details.
Gordon
You say that the "same info and medical evidence" was sent with the ESA50, do you mean that it was the exact same information as was sent in 2016, or that it was updated versions of the same information?
Unlike the other ESA Descriptors, there is no presumption that the issues of Substantial Risk persist from one assessment to the next. It is essential to send in new evidence of the Risk each time that the claim is looked at. If you have not then this may be the reason why a face to face had been required this time.
Also, the guidance to assessors in regard to Substantial Risk has been changed in the last year and this may also have contributed to the need for a face to face. See the current ESA Claim guide due to mental health issues for details.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- sarahphill
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7 years 1 month ago #184513 by sarahphill
Replied by sarahphill on topic ESA RE-ASSESSMENT
Thank you Gordon ~ the same info was used on the esa50 form and and evidence the first time this was applied, and the second time it was agreed to also. So it has been used again.
I have a feeling from reading the DM report which I got a copy of last time that it was delayed for a decision awaiting the form to be complete by your GP. It was held off a couple of weeks, maybe it has been asked for again and the GP has not got it back to them in the last 4 weeks? and they have been stricter keeping to timescales?
I will look up the amendments you refer to as the form was completed in Febuary so may not have been aware of this.
Also is it worth mentioning the fact that the special circumstances rule was applied on the last two occasions to the assessor at the Face to face?
Regards,
I have a feeling from reading the DM report which I got a copy of last time that it was delayed for a decision awaiting the form to be complete by your GP. It was held off a couple of weeks, maybe it has been asked for again and the GP has not got it back to them in the last 4 weeks? and they have been stricter keeping to timescales?
I will look up the amendments you refer to as the form was completed in Febuary so may not have been aware of this.
Also is it worth mentioning the fact that the special circumstances rule was applied on the last two occasions to the assessor at the Face to face?
Regards,
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- Gordon
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7 years 1 month ago #184515 by Gordon
It certainly is, but as I said in my previous post it really needs to be supported by current medical evidence.
Gordon
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Replied by Gordon on topic ESA RE-ASSESSMENT
sarahphill wrote:
Also is it worth mentioning the fact that the special circumstances rule was applied on the last two occasions to the assessor at the Face to face?
,
It certainly is, but as I said in my previous post it really needs to be supported by current medical evidence.
Gordon
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7 years 1 month ago #184623 by sarahphill
Replied by sarahphill on topic ESA RE-ASSESSMENT
many thanks for your help.
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