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TOPIC: Re ESA reveiw

Re ESA reveiw 1 month 3 weeks ago #170334

Hi , I have been on ESA for 3 yrs now the DWP put me into wrag first but then with this great site I decided to do a m/r consideration and was told by phone by adjudicating officer I was to be placed in the SG because of my health problems which my consultants wrote about.

However at the time I remember your site said ask for some form explaining their decision (which I forgot to ask for) however I now have been sent another form like the one 3yrs ago to fill in .I do have a copy of the old one and to be honest nothing has changed I remain the same ,do I just fill form out as before same wording etc and maybe a updated letter from consultants.

If I had of got the decision makers form at that time can you make reference to it or even send in a copy of it,as you would think that would be in your favour as they should come up with the same decision as before as I still suffer the same as I have said before and save all of this stress/anxiety and worry all over again.

Thank you for your help.
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Re ESA reveiw 1 month 3 weeks ago #170402

Hi kv,

Have a look at the new guide to make sure there are no new guidelines etc, then you can make any changes necessary.

If you had the assessor's report from last time, you would be able to send it in - but you would have to show that it is still relevant because your condition has not improved and nor have you adapted to it. You would send this as a supporting document, you would still have to complete the new ESA50 in detail.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re ESA reveiw 1 month 3 weeks ago #170403

  • Gordon
  • OFFLINE
  • Forum Moderator
knockveiw

Although you may be able to use content from your last ESA50 you really need to review this against the latest ESA Claim guides to ensure that the criteria against which you are being assessed against has not changed.

Even if they have not then you need to explain why those comments are still relevant to you as you are now.

Whether you can reference the previous Decision Makers comments will depend on the nature of your conditions, if they are physical then it may be possible, if they are for mental health then less so, in either case you nee to support it with up to date medical information if at all possible.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re ESA reveiw 1 month 3 weeks ago #170454

Thank you both mods for your detailed answers.I was unaware that new guide lines where made and I will check asap. Yes the decision maker did say on the phone because of my physical situation.I have to have this form esa50 returned by the 22nd,I wonder should I phone or write a letter to ask the decision makers form from 3 yrs ago and perhaps ask for an extension to complete this form ,as I do get very annoyed with filling it in as it takes me along time Thanks again
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Re ESA reveiw 1 month 3 weeks ago #170500

I'm afraid there is no legislation allowing for an extension of the time taken to submit the ESA50. You certainly will not get any paperwork relating to your previous claim in time to get this form done.

If you think you will not be able to complete the form in time, I suggest you send it in with what information you have and tell DWP that you will send in further information as soon as you can. This is not ideal but it is better than not sending in the form!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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The following user(s) said Thank You: knockveiw

Re ESA reveiw 1 month 3 weeks ago #170793

Hi

Well I decided to phone the DWP and ask could they forward the form ESA85A (the person dealing with me never heard of such form,so had to go ask someone else.He came back on the phone and said he would email a dept and they will forward it) I also sent in a letter on the same day requesting the above.Three days later the 85A arrived but it is from the orginal decision when I went into the WRAG,so I phoned again and told them I want the 85A from the assessor that put me into the SG when I asked for a M/R.I was told I can not have it as the assessor was judging his decision on my letter and that of the consultants.

I was amazed to be honest with you after filling in a huge form like the ESA50 with 20 pages filled with boxes etc,it comes do to a A4 page for a Registered Nurse to give her opinion the likes of there is no evidence to much of what I wrote. Interesting first line though is the available evidence from the ESA50,Med 3 and FRR4 has been used to give advice in this case.(whatever that means is beyond me)Also there is no mention of how many points I was award either or codes.

However,what I have learned here is if all the good folk filling out these forms back them up with hard evidence from there consultants and the likes,they may have a better chance of being put in the SG. However I now have to start the whole process again and unlucky for me I have no 85A from the guy that put me into the SG as I feel I could have tie it into my situation as nothing has changed in my health.
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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