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ESA resources (2)

ESA claims and appealsDLA help for claimants

ESA Claims

Being transferred from incapacity benefit to employment and support allowance
A 22 page guide to the transfer process.

Understanding Employment and Support Allowance
Our 42 page introductory guide to ESA .

Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment. 
This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds.

Employment and Support Allowance claims for Mental Health and Learning Difficulties: a guide to the limited capability for work assessment. 
This is a fully comprehensive guide to the assessment procedure on mental health and learning difficulties grounds.

Permitted work
A guide to doing permitted work whilst claiming ESA or incapacity benefit.

ESA appeals

Employment and Support Allowance mandatory reconsiderations and appeals
40 page guide to mandaory reconsiderations and appeals for ESA, for decisions made on or after 28 October 2013

Employment and Support Allowance Appeal Submissions  New 13 March 2014
26 page guide to writing mandatory reconsideration requests, completing ESA appeal forms and writing submissions for an ESA tribunal.

Letter asking for your medical to be recorded
A 2 page letter you can copy and paste to send to DWP/Atos requesting that your medical is recorded. This letter is also included in the WCA guides above. This Word version may be easier to copy and paste.

Bedroom Tax Case Law  New 13 March 2014
Sorry, we don't have anywhere to put bedroom tax resources yet. A round-up of bedroom tax case law created by barrister Tom Royston of Garden Court Chambers

DWP ESA Resources

WCA Handbook March 2013
240 page guide to carrying out work capability assessments for use by healthcare professionals.  This document tells you how health professionals are supposed to assess you and how the DWP/Atos interpret the law - often wrongly in our view.  Remember, this guidance isn't the law, only what the DWP/Atos think the law should be.  We refer to extracts from this Handbook throughout our guides to claiming, alerting you to areas where we think you will be incorrectly assessed and telling you what to do about it.

Benchbook
190 pages A4, dated August 2006 - the tribunals service refuse to release newer editions
A very useful resource. The Benchbook is a practical guide to what should happen at tribunals which every chairman is expected to use. Everything from what to do if the claimant doesn't turn up to whether to allow tape recording of hearings.

DWP Evidence Based Protocols and Training Materials
Hundreds of pages of guidancefor health professionals carrying out work capability assessments.

ARCHIVE GUIDES

'Old' ESA50 form, decision on or after 28 Jan 2013

Use these guides if you completed an ESA50 marked ESA50 03/11 in the bottom left corner of the first page: these were mostly sent out to claimants prior to January 28th 2013, but some were sent out later; and
the initial decision on your claim has been, or will be, made between 28th January 2013 and 27th July 2013, inclusive.

Understanding Employment and Support Allowance
Our 42 page introductory guide to ESA.

Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment. 
This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds.

Employment and Support Allowance claims for Mental Health and Learning Difficulties: a guide to the limited capability for work assessment. 
This is a fully comprehensive guide to the assessment procedure on mental health and learning difficulties grounds.

We'll be publishing an 'Understanding employment and support allowance ' guide to go with this version of the test as soon as we can.  Meanwhile you can still use the appeals guide from the 'Old' WCA below.

Employment and Support Allowance appeals
39 page guide to revisions and appeals for ESA, for decisions before 28 October 2013.

'Old' ESA50 form, decision before 28 Jan 2013

If the initial decision on your claim was made before January 28th, 2013 these are the correct guides. Even if you go on to ask for a revision or an appeal you will still be covered by the old rules.

Understanding Employment and Support Allowance
Our 42 page introductory guide to ESA.

Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment. 
This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds.

Employment and Support Allowance claims for Mental Health and Learning Difficulties: a guide to the limited capability for work assessment. 
This is a fully comprehensive guide to the assessment procedure on mental health and learning difficulties grounds.