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TOPIC: esa50 form

esa50 form 2 months 1 week ago #169083

Received the dreaded esa50 form today. Oh joy. I have a couple of questions:

1. If I state why I was placed in the support group last time, by referring to the previous assessment report (of which I have a copy), is there any way that could count against me or rub the DWP up the wrong way? I can't think how it could, but it's always best to check.

2. This new form seems to have one obvious difference to previous versions: the repeated instructions to only send evidence and information you already have, and not to ask for or pay for new evidence. This seems manifestly absurd: I will send the medical evidence that I sent last time as my condition has not changed. That evidence still apples and is therefore still relevant. However, it seems unlikely that the DWP would consider old evidence to be as relevant as more recent evidence. I am therefore planning to ask my consultant for an updated report which confirms that the older evidence is still valid. Is this the wiser course of action? I am assuming so, but again, best to check
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esa50 form 2 months 1 week ago #169087

Hi tintack,

There is no harm in stating the grounds for you being placed in the SG at your last assessment.

Legislation has not changed in the past few years - but there are new guidelines, particularly in relation to the
'exceptional circumstances' rules. Please make sure you are using the latest version of the ESA guide

ESA claims and appeals

We recommend that claimants should send in all supporting documentation that they have. Don't be fooled by DWP saying they will approach your medics, they do this in only aprox 25% of claims.

Getting a report stating that your condition/limitations are unchanged since the last time is a good idea as that will indicate that your previous supporting documents are still valid.

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to come back with further questions or comments about your ESA as the claim progresses. It helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa50 form 2 months 1 week ago #169092

Thanks for your reply Mrs H. I will indeed ask my consultant to specify that my condition remains unchanged since the previous report. In theory that should mean that I remain in the support group, but as we know, logic does not always appear to be the DWP's forte. I just want to make sure that if the worst comes to the worst and I have to go to tribunal, I have the most watertight case possible.

Thanks again for your help. :)
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The following user(s) said Thank You: Mrs Hurtyback

esa50 form 2 months 1 week ago #169382

It seems my consultant has recently been ill and currently only has a clinic one day per week; even the secretary isn't available until Monday October 3rd. I'm getting nowhere at the moment but am hoping to speak to the secretary on Monday in the hope that they can fit me in next week. If that doesn't happen it is very unlikely that I will be able to get a report in time to send it with the ESA50.

If this happens, what should I do? I'm guessing that I should send my old evidence with the ESA50, with a covering letter explaining that the consultant's updated report will follow when I have it. I'm really hoping to avoid this, as I want to send everything together, instead of relying on the DWP to match up two separate packages.

It did occur to me that if I had to send the consultant's updated report separately, it might be worth sending it along with a photocopy of the ESA50 and another copy of the old evidence. At least that way all the information and evidence would be included in a single package. Is this a good idea? Thanks for your help.
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esa50 form 2 months 1 week ago #169383

  • Gordon
  • OFFLINE
  • Forum Moderator
tintack

Returning the ESA50 on time is the most important thing for you deal with in the short term, don't delay this in the hope of the report being available.

Your ESA50 goes back to Maximus who currently have your assessment file. The file won't be returned to the DWP until Maximus make a recommendation so keep not eof the address.

I understand your concern about the evidence being separated, I would not expect this to happen but I certainly can't guarantee that it won't. You will have an option to give the report to an assessor if you have a face to face.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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esa50 form 2 months 1 week ago #169388

Hi Gordon. I certainly wouldn't delay sending the ESA50 back, I realise that deadline has to be met regardless.

Presumably, Maximus' recommendation will be based on the information I send them. That's why I was hoping to send everything together and not have to send new evidence some time after returning the ESA50. I'm assuming that their recommendation could differ, depending on whether or not the later evidence had reached them when they got round to reviewing my file? I know many members on here have said they've waited months to hear anything after returning their ESA50, so I'm hoping that even if I had to send the updated report later, it would reach my assessment file by the time Maximus got round to reviewing my case.

On a related note, how could the DWP dismiss old evidence simply because it's old, while explicitly telling people not to send in new evidence - in other words, effectively telling people that they need only send old evidence? :huh:
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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