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Submitting another ESA50 form?

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7 years 3 months ago #178342 by saz
Submitting another ESA50 form? was created by saz
Hello - I have been in receipt of ESA-CB since Sept 2016 on the grounds that I am unfit for work for complex health reasons. I am suffering stress/anxiety and a serious lung condition with lower back ache and fatigue. Circumstances in my life have forced me into a breakdown and the Dr signed me off for 6 months. I see a Hospital Consultant every 3 months for my lungs. The Drs all say when I am better I should not work more than 16hrs/week.

I feel very stressed by all the rules and regs and I am not ready for my Medical which takes place day after tomorrow. I dont feel confident that I will get my case heard properly as I am not prepared. I have only just found and joined yr site.

I filled out the ESA50 form and sent it off back in Oct. Tomorrow I will be busy reading everything here to try and understand my situation better. I want to submit a new form to them but I wont have it ready in time for the Medical. What should I do? Can I say to them that my situation has changed and I need to submit a new form for consideration? I already postponed the first Medical as my Mum went into Hospital. They wont let me postpone it again. It is a symptom of my state that I am in such a last minute panic as I used to be very organised.

In all honesty I know I cant cope with a Job right now or even the job related activities. I cannot put myself (lungs) at risk in public places as a chest infection for me is a Hospitalisation with coughing blood. This time of year is always a time when I have to hermit a lot even when I feel mentally well. I also go to pieces under pressure very unpredictably. For instance I will go to their interview in my own car to avoid public transport germs and I will probably be able to go alone. I do a lot alone as I find people stressful. BUT if I was put in a job with a Boss pressurising me for deadlines etc I wouldnt last 1 day without serious deterioration to my health and well-being. My anxiety would ramp right up and I would be in tears very quickly and shaking and rocking with stress.

I dont know what to do as I feel unprepared for what is about to happen. Im in a panic. Shall I just go thro with it (having read what I can tomorrow here) and then appeal their decision? I know they will find me capabel for work as that is their job, They dont care if I die of stress as its one less carbon footprint for the Govt to worry about. Im annoyed with myself I found you so late as I can see I have grounds to argue at the very least for WRAG.

I am seeing my Hospital Consultant just before the Medical and I am wondering if my condition would fall into the category of life threatening. It for sure has reduced my life expectancy. I wonder if there is anything helpful I can get from him to take with me....any advice much appreciated...

Thankyou

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7 years 3 months ago #178363 by Gordon
Replied by Gordon on topic Submitting another ESA50 form?
saz

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

If you have already moved one appointment then you must attend this one or risk your claim being closed.

I think you are right that there is not time for you to complete a new ESA50 but you could write a letter explaining your problems in more detail, concentrating on the ESA activities that you think wold lead to an award. You can give this to the assessor at your interview and ask them to read it before they continue and to include it in your file when they return it to the DWP.

I would send a copy to the DWP office dealing with your claim, marked for the attention of the Decision Maker. See

Sending Documents to the DWP or Maximus, ATOS or Capita

I know that it thought that assessors are paid to find claimants Fit for Work but this is simply not the case and the majority of assessments are done professionally and fairly.

The test for "substantial risk" is very tough, have a look at the ESA Claim guides for details, the mental health one has the most detailed explanation.

If you have further questions then please reply to this post and we will do our best to help.

Gordon

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

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7 years 3 months ago #178369 by AloneOnESA
Replied by AloneOnESA on topic Submitting another ESA50 form?
My heart goes out to you, I can empathise with a lot of what you say. Gordon's advice is sound advice and it's good to feel you are doing something else to help your case.
When you write that additional letter it may be any idea to still follow the ESA 50 form guide and construct it as if you were answering the questions so you know that you have covered everything. That will help to get your thoughts in order too.
It will also allow you to see how thorough the guide is and how following the guide helps you construct your case and will be a useful tool as an Aide Memoir if you need to apply for a Mandatory Reconsideration.

Reading through it is one thing but ... working through it .... really makes a difference to the amount of information you will absorb.

If they turn you down, there is a lot of good advice on here to follow for the next step of Mandatory Reconsideration.

Might I ask of the Moderators ..... Do they think that the best time to contact your MP for assistance is prior to Mandatory Reconsideration?
Or after that? ie.Prior to appeal, [ if MR should fail]

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7 years 3 months ago #178377 by slugsta
Replied by slugsta on topic Submitting another ESA50 form?

AloneOnESA wrote: Might I ask of the Moderators ..... Do they think that the best time to contact your MP for assistance is prior to Mandatory Reconsideration?
Or after that? ie.Prior to appeal, [ if MR should fail]


It depends on what you want from the MP. We usually suggest getting them involved if the process seems to be taking far longer than it should, or if there is something else that has not been handled correctly by DWP or the Assessment Provider.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: AloneOnESA

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7 years 3 months ago #178424 by LisaP48
Replied by LisaP48 on topic Submitting another ESA50 form?
Hello

Just wondering if anyone can help?

I received a P45 and letter from the DWP today. They have closed down my esa claim because apparently, they did not receive my esa assessment form. It was due on 29/12 and I sent it in the envelope provided on 22/12. I phoned dwp and even the woman on the phone, was surprised that I hadn't first received a letter to explain why they had not received the form. She said they send out another form and I would have to explain why they didn't receive the first one. I took pictures on my tablet of the form dated 22/12. The same day I posted it. Any advice please? I recently lost my daughter to cancer. I am suffering from depression, Arthritis, hypextension and Angina.

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7 years 3 months ago #178449 by Gordon
Replied by Gordon on topic Submitting another ESA50 form?
Lisa

You have a very narrow window of time to resolve this before you will have to go through the formal process of challenging the Decision.

Basically, if you can provide a copy of your ESA50 within the next couple of days then it should be possible to have your claim reinstated.

You said you took photos of the form, was this of every page and can you print these and send to the DWP this week or by Monday at the latest?

If you can then you should notify the DWP about what you are doing and get the pages in the post as quickly as you can.

If you can't print the pages then your only option is to request a Mandatory Reconsideration, see the PIP Appeal guide for details of the process, there are also template letters that you can use to make the request in the PIP section.

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

Was the form sent using a tracked post? If not did you get a certificate of posting?

If neither then I am afraid you are going to have problems overturning the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: LisaP48

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