Order for ESA50 Decision-Making

Hello

My first ESA50 assessment was a massive mess so I don't actually know the chain-of-command/order for the decision-making process. I know my ESA50 goes first to a Maximus HCP in Croydon and they submit a report (and my ESA50 with all supporting evidence) to the DWP DM (who has ultimate authority as to which group I'm placed into). But who decides whether I should have a face-to-face: the HCP in Croydon or the DWP DM? From my previous ESA and DLA appeal bundles, it seemed it was the DWP DMs who requested it. If Maximus are short-staffed, and they and the DWP are trying to reduce their budgets, it seems a waste of money and time for my evidence to be sent from Maximus Croydon to the DWP DM (wherever they are) back to my local Maximus assessment centre for the HCP to read my mountain of evidence before I walk into the room (that's what my HCP did for my first ESA face-to-face).

Thanks very much for any answers!

Hi Grace 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

Your ESA50 will be looked at by one of the Maximus assessors and it is this person who will decide whether they feel there is enough information for them to make a recommendation to DWP. If not, you will be called for a face2face appointment.

It's been 6 weeks today and I still haven't had a decision on my ESA50 (I've heard nothing ie no f2f). My DLA renewal decision last year took 2 days!!! Their letter was sent 2nd class but I got it the next day, ie 3 days after I'd posted everything by special delivery! All my evidence was about an inch thick (loads of test results!), and this ESA50 was nearly the same thick as most of the evidence (mine and my medical professionals') was still applicable. I read in the forum FAQs that the average for ESA decisions is 8 weeks. Should I 'poke the bear' by writing to my local JCP for an update or has this action caused further harm for other claimants, eg triggering a f2f? I am too ill to phone them - are they likely to provide a written reply to my letter?

Am I correct in thinking that the ESA85 is if a paperwork decision has been made, and the ESA85A is if a f2f decision took place? I was thinking of asking my JCP to send the ESA85 and the LT54 if a decision had been made yet.

Hi Grace,

It is taking varying amounts of time for ESA decisions. Some people are getting them very quickly - but we heard recently from someone who has been waiting almost 2 years!

All mail should be sent to the DWP handling centre, address at the top of your most recent letter from them. Your local JobCentre will not be able to help with this issue.

At this stage you don't know whether your file is still with Maximus or whether a recommendation has been made and your file returned to DWP. You can email Maximus to find out.

www.chdauk.co.uk/contact-us

Please reply to this message if you have further questions relating to your ESA and we will do our best to help

Edit - I meant to say that you have it the wrong way round about the ESA paperwork. The ESA85 is if you have a face2face assessment and the ESA85a if it was a paperwork assessment.

grace wrote: Am I correct in thinking that the ESA85 is if a paperwork decision has been made, and the ESA85A is if a f2f decision took place? I was thinking of asking my JCP to send the ESA85 and the LT54 if a decision had been made yet.

Hi Grace,

ESA50 is the questionnaire that the claimant fills in.

ESA113 is the questionnaire that the claimant's GP fills in, if one is sent.

ESA85A is a medical report form before or without a face-to-face. It can either advise that you remain on ESA, or it can advise that an assessment is required.

ESA85 is the so called medical report produced after the FTF assessment, a copy of which is sent to the decision maker.

ESA65 is the decision maker's reasons for an adverse decision, sent to the claimant.

LT54 is the decision maker's report and reasons for the decision after considering all the evidence (or rubber stamping the ESA85). It's included in the appeal papers but not automatically sent to the claimant.

If they decide that you qualify for ESA without a FTF they usually write to inform you. But I believe they refuse to release the ESA85 and ESA85A until a decision is actually made.

Good luck,

Derek

Mrs Hurtyback, thank you for being so lovely and offering help - it is SO appreciated! I reread the FAQ and saw I'd misread DWP handling centre for my local JCP - sorry.

I'm too scared to contact Maximus even by e-mail in case it triggers a f2f - I made it very clear on my form that I'm too ill to have one and it's simply impossible for my head to explain and remember everything, hence why my form was so detailed with answers to anything they would ask in a f2f.

What happens in the meantime re amount of pay: I've been in the SG and the payments since sending my form have remained at the same rate. Will I continue to get the same SG amount until a decision is made? And they won't 'backdate' their decision (if they incorrectly place me in WRAG) and make me pay some back even though I will definitely appeal? I'm needing additional treatment but I don't want to start it and spend the money until I know my income is secure at the same rate for at least 6 months which is the likely course of treatment duration. Also because I'm on HRM and HRC for DLA and I get that additional severe disability premium with my ESA.

My first and most recent ESA assessment date was October 2012 - I haven't been assessed by them for 3.5 years (although the appeal continued until August 2013). If they take over a year to make this current decision there's no point in me waiting to start this other much-needed treatment. Or there's always the possibility that they might never make a decision on this form but simply send me another form to complete in a year or so's time. But it's so scary spending limited money in case I need the extra money whilst I appeal the potentially wrong decision and have to survive on the lower amount. If I know that there's no way they will try take 'backdated' money from me (because of potentially placing me incorrectly in WRAG) whilst I appeal, that would make me feel a bit more secure in spending money now on this additional treatment.