× Members

FAO: MODERATORS: esa asses.10th jan no ESA50!...

More
7 years 2 months ago #178060 by steve
I JUST READ YOUR INFO REGARDING NO ESA50? APPOINTMENT IS 10TH JAN. IS THERE STILL TIME TO GET IT DELAYED?:

1 no esa50 filled in.
2 had no support regards procedures.
3 'advocate' that is attending with him is not really an experienced assessment advocate.
(very naive about maximus)
4 only has 1 day to work out a plan! PLEASE HELP.

FOR BACKGROUND BELOW IS THE POST I SENT YESTERDAY AWAITING POSTING-

I’m writing this for the person in his own words as it’s less confusing - He urgently needs he has a medical assessment for ESA next week (JAN 10TH).

Background- Long term mental illnesses-15 years, 1st assessment ever!, cancelled once to find advocate, assessment to be recorded. Suffers from, severe depression, severe social anxiety/ social phobia/ BDD previous long standing, alcoholism (bad body image issues) and paranoia. Home assessment to take place

Can someone answer these ESPECIALLY no 1? Thanks

1 He WASN’T sent an esa50 form by MAXIMUS just the appointment time. How bad is this situation? I feel if he had got the esa50 in he wouldn’t even be attending the assessment!

2 Will the LACK OF HOME VISIT LOSE POINTS/FAIL?

3 RECORDING- do I secretly record in case their recorder doesn't work?

4 The advocate is ‘only’ a well-being coordinator- hasn’t been to assessments and thinks MAXIMUS assessors are fair?! SUGGESTIONS?

Information that has been collected for assessment:
A summary of my medical problems
B FULL MEDICAL HISTORY SARS
C Doctor is writing an in-depth medical report with day to day issues etc
D criminal Solicitor is writing a report, specifically – he got arrested over a disturbance that can be linked to his conditions.
E civil solicitor is writing a report- he was put in hostels and was homeless twice due to vulnerable person type behavior, not taking care of himself nervous breakdown
F Photographic evidence of living conditions/ state of his room, rotting food dirty etc? not suitable for assessment etc

IS THIS ENOUGH OR CAN ANYONE OFFER ANY SUGGESTIONS REGARDING THE ABOVE OR THE ASSESSMENT.

Please Log in or Create an account to join the conversation.

More
7 years 2 months ago #178133 by Gordon
steve

As this appears to be a second appointment, the first having been cancelled by the claimant they have no choice but to attend, failing to do so will likely result in their claim being closed.

There is a downloadable copy of the ESA50

www.gov.uk/government/uploads/system/upl...rk-questionnaire.pdf

Given the timescale they should only write a basic description of their problems for each question first and then try to provide a more detailed one as they can, they can give the ESA50 to the assessor at the interview and ask them to read it before they continue. Make sure they keep a copy.

If they have problems with mobility or going out then their attending will count against them unless they can provide a goof reason as to how they have managed it. Having someone with them would certainly help do this.

You can covertly record the assessment but be aware if you are found to be doing so then the interview may be terminated so be very careful.

Have you been through the ESA Claim guides?

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 1 month ago #179599 by steve
hi thanks for your answer... it was recorded! we have the tape. He had an advocate with him (who spoke for him, will this be ok? and wont go against him?) and went in a cab he knows the cab driver personally, he locked himself in the toilet until the actual assessment took place. at the assessment itself he had to (bizarrely) speak /whisper to the advocate who then could tell his answers to the nurse (who allowed this) and he had lots of evidence about his living conditions, letters from civil and criminal solicitors about his mental health problems antisocial behavior that has got him into trouble recently and the past. he had an amazing letter from his GP who the nurse allowed his advocate to read out.

we have just been advised to do the following on one forum (this advise has then been rejected on another forum! can you advise on whether this is good advice? or not? the advise is the following ...

"I would put in a SUBJECT ACCESS REQUEST now unless one has already been done

The ESA85

ESA85S

ESA113

LT54/ESA65

All the paperwork the HP used to get their opinions from

All the paperwork the DECISION MAKER used to make their decision from field(s) of expertise

The GMC/PIN or other number of the HP who carried out the assessment

All qualifications of theirESA85

The name and number plus field of medical expertise of any person the decision maker asked for help in making the decision

All the claimant has to do is email their local office HERE with the title SUBJECT ACCESS REQUEST

and the claimants name, address & national Insurance Number (NINO) followed by PLEASE MAKE SURE THIS GETS TO THE CORRECT DEPARTMENT followed by the above in red.

Please Log in or Create an account to join the conversation.

More
7 years 1 month ago #179604 by Gordon
Steve

It's not that the advice is wrong or bad it just won't work.

The DWP will not accept a SAR by email even if you could find an email address to send it to in the first place, which you won;t

For ESA they will not release the documents used in the Decision until after the Decision is made.

Once there is a Decision you can request the docs by contacting the DWP office by phone or letter, there's no need for a SAR, just list what you need copies of. The assessors information will be in the ESA85.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
7 years 1 month ago #179683 by steve
thanks Gordon, so we just need to wait? you mention going through the claim guides? any in particular? (so much to read)

could you tell us how long the average decision takes? for instance is there any chance the money gets stopped before the letter arrives simply due to post/admin etc? we were told anything from 3-8 weeks? just trying to prepare, sorry for so many questions. thanks again gordon.

Please Log in or Create an account to join the conversation.

More
7 years 1 month ago #179687 by Gordon
Steve

ESA is paid two weeks in arrears so whilst if their is a Decision to refuse an award it will take effect immediately there should still be one remaining payment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.