Call for Reassessment Without Filling Out ESA50

Asbo

It's not clear from your post whether the form you refer to was in connection with the 2013 re-assessment or was issued subsequently?

If the form was issued after the last Decision, then whilst it has been a long time it is not impossible that the F2F is in regard to this form, whilst the queues have been reducing we have heard of claimants waiting 15-16 months from submitting an ESA50 to being asked. If a form was issued then it might help if your friend was to provide an update of their current limitations to ATOS with a copy to the DWP.

We have seen a number of claimants being invited to a F2F without an ESA50, this clearly disadvantages the claimant, unfortunately the legislation is not entirely clear on whether this is legal or not, it is potentially covered by an implied statement which would suggest that it is not, but this may be subject to interpretation.

Our advice to anybody in this situation is to complete and return an ESA50 if there is time before the appointment, if there is not then it may be best to submit nothing, an ill prepared ESA50 may do more damage than none at all and it would always be possible to question a Decision made by the DWP where no ESA50 was returned.

Gordon