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ESA50 04/14
- Diana
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7 years 6 months ago #170445 by Diana
ESA50 04/14 was created by Diana
My daughter completed an ESA50 04/14 form back in November 2014. It was not until 6th May this year i.e some 19 months later that she had her medical assessment and certain aspects of her condition have got worse. She did write to DWP once she had the date and told them of the changes. Unfortunately we are now at the Tribunal stage having scored 0 points, amended to 9 by the Mandatory Reconsideration .But DWP have stated that the medical assessment was her opportunity to discuss her medical problems at that time. New health conditions would have to be addressed through a new claim. She only answered questions the assessor put to her, did not have her ESA50 form to refer back to which she would have had difficulty doing because of her bad dyslexia. (Unfortunately we were not in touch with B&W till after the assessment.) Are they acting correctly? can we use this fact at the Tribunal. As she has also just completed her PIP assessment it is causing some distress!
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- Gordon
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7 years 6 months ago #170446 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 04/14
Diana
New conditions that post date the assessment would be excluded but this is clearly not the case and the changes should have been incorporated into the assessment, however, there will be an argument that your daughter should have dealt with the issue while she was there.
It's really important the Tribunal panel have an up to date appreciation of how her conditions effect her now, she needs to write a letter for the hearing that explains her current limitations, I would recommend that she uses a similar format to the ESA50, or she can download the electronic version of the form and fill it in.
Using The PDF Version Of The ESA50 Questionnaire
It's really important that everything she documents is how she was on the day of the assessment to avoid issues of the information being treated as new.
She should use our latest ESA Claim guides to help her complete the letter/form to ensure that she show that she meets the criteria to score points.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Anything she sends in must be with the Tribunal Service no later than 7 days before the hearing.
New conditions that post date the assessment would be excluded but this is clearly not the case and the changes should have been incorporated into the assessment, however, there will be an argument that your daughter should have dealt with the issue while she was there.
It's really important the Tribunal panel have an up to date appreciation of how her conditions effect her now, she needs to write a letter for the hearing that explains her current limitations, I would recommend that she uses a similar format to the ESA50, or she can download the electronic version of the form and fill it in.
Using The PDF Version Of The ESA50 Questionnaire
It's really important that everything she documents is how she was on the day of the assessment to avoid issues of the information being treated as new.
She should use our latest ESA Claim guides to help her complete the letter/form to ensure that she show that she meets the criteria to score points.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Anything she sends in must be with the Tribunal Service no later than 7 days before the hearing.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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