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ESA 50 - when is it sent?

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7 years 10 months ago #158257 by synapse321
ESA 50 - when is it sent? was created by synapse321
Forgive me if this has already been answered but I did a quick search and could

not find the answer.

I called DWP today who said my ESA Support group claim is due for renewal in Aug 2016.

Can anyone shed any light on when the forms are sent. The call handler said that at the

moment renewals are in a mess and it may be a while before I hear anything. However, she

finished off by saying that you will hear within 3 months.

So which is right - getting them in 3 months - or is true there is a delay?

Past experience with DWP suggests they are not be trusted 100 per cent.

Regards

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7 years 10 months ago - 7 years 10 months ago #158264 by slugsta
Replied by slugsta on topic ESA 50 - when is it sent?
Hi Synpase and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

There was a suspension of reassessments. In fact, they did not happen for several years in many cases. However, they resumed at the end of last year and seem to be running to schedule now. I would expect you to to hear soon if you were told the date on the computer is August 2016.

If you wish to get ahead of the game you could make a start on the PDF form

Using The PDF Version Of The ESA50 Questionnaire

Don't forget to make full use of our ESA guide

ESA claims and appeals

You might wish to bookmark/favourite this on your web browser now so that you can find it easily in future. That will allow you to return with further questions/comments without having to start a new topic each time. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 10 months ago by slugsta.

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7 years 10 months ago #158342 by synapse321
Replied by synapse321 on topic ESA 50 - when is it sent?
Thanks for your replies.

I stand corrected - the telephone agent said the ESA 50 is normally sent 6 weeks before the end date of assessment which for me will be in Aug this year.

I have heard stories that people are not sent an ESA50 but instead are contacted for a face to face interview instead. Can this happen on renewals?

Would you advise I contact DWP if I don't receive the ESA 50 in time (i.e. within 6 weeks of Aug)
or could I ride my luck that they may delay the process. Could contacting them trigger a re-assessment?

Regards

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7 years 10 months ago #158358 by Gordon
Replied by Gordon on topic ESA 50 - when is it sent?

synapse321 wrote: Thanks for your replies.

I stand corrected - the telephone agent said the ESA 50 is normally sent 6 weeks before the end date of assessment which for me will be in Aug this year.

I have heard stories that people are not sent an ESA50 but instead are contacted for a face to face interview instead. Can this happen on renewals?

Would you advise I contact DWP if I don't receive the ESA 50 in time (i.e. within 6 weeks of Aug)
or could I ride my luck that they may delay the process. Could contacting them trigger a re-assessment?

Regards


It can happen on renewals although it is rare, the legislation does not require the issuing of an ESA50, but it can be argued that any Decision made without one is potentially weak. Also, there is nothing stopping a claimant submitting their own form if one is not issued.

Your current award is an indefinite one, so there's no requirement for you to chase the DWP if the form is late (it actually comes from Maximus), you will continue to be paid at the current rate until a new Decision is made.

Asking about your reassessment date should not initiate one, the call centre staff have nothing to do with this process.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 10 months ago #158379 by synapse321
Replied by synapse321 on topic ESA 50 - when is it sent?
I need to get this clear in my head re : mandatory reconsideration.

Once you are turned down you have to write within 28 asking for a reconsideration in writing

which you have to reply within 28 days.

At this point are you able to claim any benefits?

If they reject your mandatory reconsideration can you then appeal?

At what point do you apply for JSA?

Also if you are on JSA awaiting the outcome, does that not lessen your chance of getting a

disability benefit as the DWP could turn around and say you have signed up to JSA stating

you are fit and capable of looking for work?

Regards

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7 years 10 months ago #158398 by Gordon
Replied by Gordon on topic ESA 50 - when is it sent?
Synapse

If you are found Fit for Work, then you should submit a request for a Mandatory Reconsideration within one month of the date of the Decision.

The only benefit that you can claim while your MR is processed is JSA, you do not have to claim this, but obviously won't be paid if you don't

Your claiming JSA will not have any effect of your MR or appeal. Once you have made a claim for JSA (and not before) you can present a Fit Note and be excused any Job Search requirement for up to 13 weeks, which is normally enough time for the MR to complete.

If the Decision is not revised you can appeal and once this has been accepted by the Tribunal Service you can then opt to receive the ESA Assessment rate until your hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: chrissy v

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