ESA medical after 2 1/2 yrs in assessment phase

Guys I'm wondering if anyone can offer some advice?

My son, who had brain surgery to remove three tumours, has after two and a half years in assessment phase been called in for his ESA medical this Friday (3rd).

He's still unable to work, and I was looking through the guides here and noticed something.

His ESA claim form was sent over 2 1/2 years ago, and I'm sure doesn't reflect current issues he has. Should we print off another to take with him?

He is extremely scared, since he received the appointment there has been a significant change in his mental wellbeing. He is frightened they will touch his head where he has extensive nerve damage - can they do this? Can he say no?

Is there any other advice you could offer us? Is a 2 1/2 year wait unusual/unfair?

It's at the Durham assessment centre. He wants both me and his Dad to attend with him, will this be allowed?

Hi and welcome back!

I think your son's wait for assessment is the longest we have seen on the site! It is highly likely that the situation when the ESA50 form was first completed has changed significantly in the interim. I know you don't have a lot of time, but it is a good idea to complete another ESA50 and take a copy with you on Friday.

Using The PDF Version Of The ESA50 Questionnaire

The assessment will not be like any medical examination you have ever been to (the ESA guide explains what to expect). I see no reason why the assessor would want to examine your son's head - but he is certainly well within his rights to decline if they ask to do so. He must make this clear that he is refusing as such an examination would cause him considerable pain.

ESA claims and appeals

Your son can certainly have you or his father with him. I suspect that whether you are both allowed in with him will depend on space constraints.

You might like to bookmark/favourite this on your web browser now so that you can find it easily in future. That will allow you to return and let us know how you get on, or ask further questions, without having to start a new topic. 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

Just to follow up.

My son had his medical in Durham.

We took along the newly completed ESA50 as his was over 2/12 years old.

Today he received a text and then a phone call saying he has been found fit for work.

My questions are:

- What do we do next?
- He needs to appeal, how?
- What about his Housing and Council Tax Benefits?
- How do we cope?

We are scared he will lose his home etc. He's in such a shocked state.


Can anyone advise?

Quick footnote:

The medical took over almost two hours and was recorded.

Hi Nationwide,

I am so sorry that you and your son are going through this

If you want to take this further, you will need to request a Mandatory Reconsideration. This does not need to contain much information initially. However, at some stage you will have to point out (again?) how and why your son meets the specific ESA descriptors.

It usually helps to get a copy of the assessor's report, that usually makes it clearer as to why the claim failed. However, don't delay getting the MR request submitted if the ESA85 has not arrived in time.

Housing Benefit will be stopped immediately as DWP will inform them that ESA has stopped. Your son should contact them straight away and claim on the grounds of low income.

If your son needs money to live on, for the time being his only option will be to claim JSA. This will not have a negative effect on his ESA claim. In order to be excused from job seeking activities your son should wait until the JSA claim is accepted and then submit a new fitnote. This should excuse him for up to 13 weeks - although we have heard from members who have been told they can only do this for new conditions, not those that are already on the ESA claim. This is not correct!

ESA will not be paid during the MR process. If this does not overturn the original decision (and it is rare for it to do so) and you go to appeal, ESA assessment rate will be paid as soon as the Tribunal Service notify DWP that an appeal has been accepted. Fitnotes will still be needed all the way through this process.

Have another look at the ESA guide and also the MR resources

ESA claims and appeals

ESA mandatory reconsiderations and appeals

Please reply to this message as more questions come to mind and we will do our best to help.

Hi Nationwide,

I really feel for your son - it's so unjust that such vulnerable people should have to go through this.

I was found fit for work a few months ago, and informed my council that I intend to appeal the decision and wish to claim Housing Benefit due to low income. My HB claim remained intact and payments continued without any delay. Not all councils work in the same way, but it is crucial that you inform your council immediately of what you intend to do, and if your son is to claim income-related JSA (which is an automatic qualification for HB), provide the council with the letter confirming that the JSA claim has started, as soon as you receive it. Acting quickly can help avoid or reduce delay in payments.

It would be a good idea to phone Jobcentreplus and ask for a copy of the ESA85 medical report, so you know what [mis-] information the decision maker is relying on.

The appeal tribunal can only consider your son's health at the time the decision was made, so the contents of the original ESA50 may not be so relevant.

If it's any comfort, almost 60% of ESA appeals are successful and there is an obvious reason for this - the DWP are getting their decisions grossly wrong most of the time.

Good luck,

Derek