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In rare cases
- trainingisgood
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7 years 2 months ago #179426 by trainingisgood
In rare cases was created by trainingisgood
Please moderators can you help. I am in the support group, I filled in the E50 just before Christmas and now have been asked to attend an assessment next week. My condition is I suffer from acute panic attacks, anxiety, depression and agoraphobia. My GP gave me a letter to attach to my form asking them to take my current condition into consideration along with naming the conditions I have and medication he has prescribed. I have been in the support group since 2012.
My question is after reading the handbook that the assessors use is, am I being assessed do you think because of the following- which is taken from the handbook....
"In rare cases where no definitive
advice can be given on LCWRA on the evidence held, the claimant may be referred
for an assessment to establish whether LCWRA applies (see section 3.11)." What evidence or documentation do I need in order to convince them of my condition. I am obviously worried about the assessment.
Just to point out that since I was placed in the support group I have not had assessment since the.
Kind regards
Spitfire
My question is after reading the handbook that the assessors use is, am I being assessed do you think because of the following- which is taken from the handbook....
"In rare cases where no definitive
advice can be given on LCWRA on the evidence held, the claimant may be referred
for an assessment to establish whether LCWRA applies (see section 3.11)." What evidence or documentation do I need in order to convince them of my condition. I am obviously worried about the assessment.
Just to point out that since I was placed in the support group I have not had assessment since the.
Kind regards
Spitfire
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7 years 2 months ago #179444 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic In rare cases
trainingisgood
The section you refer to is in regard to the ESA50A which only asks the claimant about issues directly related to the Support Group Descriptors, as you have an ESA50 it is not applicable.
However, the rules for being placed in the SG are the same whatever form you have received, you need to meet one of more the SG Descriptors.
Do you know how you were placed in the SG last time?
If you met a Descriptor then providing you can show that your conditions remain the same or have even deteriorated then you can use older evidence if you have nothing that is new.
If you were placed in the SG due to the Substantial Risk Regulations then you must provide current evidence that you still meet the requirements.
The ESA Claim guides explain this in more detail.
Gordon
The section you refer to is in regard to the ESA50A which only asks the claimant about issues directly related to the Support Group Descriptors, as you have an ESA50 it is not applicable.
However, the rules for being placed in the SG are the same whatever form you have received, you need to meet one of more the SG Descriptors.
Do you know how you were placed in the SG last time?
If you met a Descriptor then providing you can show that your conditions remain the same or have even deteriorated then you can use older evidence if you have nothing that is new.
If you were placed in the SG due to the Substantial Risk Regulations then you must provide current evidence that you still meet the requirements.
The ESA Claim guides explain this in more detail.
Gordon
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7 years 2 months ago #179448 by trainingisgood
Replied by trainingisgood on topic In rare cases
Hi thank you Gordon. I was in the WRAG group originally and then called for an assessment I think 2013 and attended with my sister. My benefits were increased but I was never informed that I was in the Support Group. It was only when I contacted the DWP of my increase that they then said I was now placed in the Support Group and have written evidence that this is the case. I am now a bit concerned of which SG Descriptor they used then and why it does not apply now as nothing has changed only has become worse. Is there anything I need to do before next week's assessment i.e. asked for how I was placed in the Support Group. Is it usual to be called for assessment again.
Thank you
Thank you
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7 years 2 months ago #179451 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic In rare cases
trainingisgood
All ESA claims are reassessed on a regular basis, typically every three years for claimants in the SG.
You can try and get a copy of your previous assessment report (ESA85), but given how old it is it will likely be in offsite storage and will take a long time to retrieve as you will need to make a Subject Access Request for it. See
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
Each reassessment for ESA should be treated as if it is a new claim, although you can make reference to your current award, there is no assumption that you still meet the criteria, you also need to be aware that some of the ESA guidance has changed since 2013 and this may effect whether you meet the requirements of the SG.
Have you new evidence and have you spoken to your GP about the reassessment?
Gordon
All ESA claims are reassessed on a regular basis, typically every three years for claimants in the SG.
You can try and get a copy of your previous assessment report (ESA85), but given how old it is it will likely be in offsite storage and will take a long time to retrieve as you will need to make a Subject Access Request for it. See
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
Each reassessment for ESA should be treated as if it is a new claim, although you can make reference to your current award, there is no assumption that you still meet the criteria, you also need to be aware that some of the ESA guidance has changed since 2013 and this may effect whether you meet the requirements of the SG.
Have you new evidence and have you spoken to your GP about the reassessment?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 2 months ago #179455 by trainingisgood
Replied by trainingisgood on topic In rare cases
Thank you Gordon. I have spoken to my GP re the assessment and he gave me a letter which explains my condition which I attached to the ESA form. I did however use your new guide when filling in the form as per the last one I filled in.
What kind of evidence do you think would help my claim. I have progressively become worse health-wise and have been prescribed Diazpam to help with my condition so medication has increased, I have been advised to seek further counselling. I would be grateful for your advice.
Kind regards
What kind of evidence do you think would help my claim. I have progressively become worse health-wise and have been prescribed Diazpam to help with my condition so medication has increased, I have been advised to seek further counselling. I would be grateful for your advice.
Kind regards
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7 years 2 months ago #179474 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic In rare cases
trainingisgood
It's not usually a case of what is needed but rather what is available.
Ideally you need evidence that directly relates to the ESA activities and how you are limited, failing that, something that something attests that you have problems in a particular area even if it is unable to specify how you are effected.
Gordon
It's not usually a case of what is needed but rather what is available.
Ideally you need evidence that directly relates to the ESA activities and how you are limited, failing that, something that something attests that you have problems in a particular area even if it is unable to specify how you are effected.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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