ESA Medical

My sons ESA is due for review on 9 March 2016. He is currently in the Support Group.

If after Filework he is issued an ESA50 form, is it inevitable he will be asked to attend a medical with Maximus.

After receipt of the ESA50, are they still able to do a 'paper assessment' if the form, with additional sheets, has been filled in cogently and in detail, with comprehensive medical and non medical evidence?

His previous IB to ESA migration only entailed the ESA50 form with no medical.
There is little chance that he would attend an assessment centre, even if I could get him there somehow, I am sure, given the nature of his conditions that he would leave within minutes.

As he is an adult now, there is no way I can compel him to attend, though I would not want to forcibly ask him to do something that would cause him significant distress. To a slightly lesser degree, equally, a domiciliary assessment visit would create similar problems.

I am extremely concerned that if he is asked to attend a medical that I really don't know what can be done. I assume his ESA will be stopped for failure to attend?

slegne wrote: My sons ESA is due for review on 9 March 2016. He is currently in the Support Group.

If after Filework he is issued an ESA50 form, is it inevitable he will be asked to attend a medical with Maximus.

After receipt of the ESA50, are they still able to do a 'paper assessment' if the form, with additional sheets, has been filled in cogently and in detail, with comprehensive medical and non medical evidence?

His previous IB to ESA migration only entailed the ESA50 form with no medical.
There is little chance that he would attend an assessment centre, even if I could get him there somehow, I am sure, given the nature of his conditions that he would leave within minutes.

As he is an adult now, there is no way I can compel him to attend, though I would not want to forcibly ask him to do something that would cause him significant distress. To a slightly lesser degree, equally, a domiciliary assessment visit would create similar problems.

I am extremely concerned that if he is asked to attend a medical that I really don't know what can be done. I assume his ESA will be stopped for failure to attend?

Hi s,

"If after Filework he is issued an ESA50 form, is it inevitable he will be asked to attend a medical with Maximus."

No it isn't, paper based assessments can be carried out with any initial assessment and all subsequent re-assessments as long as you provide them with enough paper evidence along with The ESA50 to do so !

"After receipt of the ESA50, are they still able to do a 'paper assessment' if the form, with additional sheets, has been filled in cogently and in detail, with comprehensive medical and non medical evidence?"

See my response above.

Yes, and it is highly likely that they will issue an ESA50 !

With respect to the last parts of your post, you should explain in-depth, why he cannot attend a face to face at a Centre on a separate A4 page and include it with The ESA50.

You could also request a Home Assessment at the same time, but I note that you say that would not help much.

In any event you would be best advised obtaining a letter from his G.P. or other treating HCP supporting the fact that he cannot take part in a face to face and supporting the fact that if they do insist on a face to face a Home Assessment would be better.

I am afraid that you have no legal argument to force them to carry out a paper based assessment, although you could make such a request under "Reasonable Adjustments" for Disabled People covered by sections 20-21 of The Equality Act 2010. (EA 2010)

Definition of disability under the Equality Act 2010.

EA 2010

Remember, put your arguments forward with the ESA50, rather than waiting until they receive it and arrange a face to face.

There have not been any changes to ESA Legislation since January 2013, however you should always use our most current Guides.

There have been some changes to The ESA50 itself.

In anticipation of receiving an ESA50 through the post, you may want to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides on this page, 2nd & 3rd links down :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or Maximus. (aka CHDA, aka HAAS.)

You should treat this re-assessment as if it was the first assessment and not assume that The Assessor will have access to any of the previous evidence. They may not even know that he is currently in The SG.

It is therefore important that you reiterate how and why he still qualifies for The SG, in that the limitations that he suffers as a result of his medical conditions have not changed nor diminished to such an extent that he no longer qualifies for The SG.

Nor has he learned to deal with or adapt to his limitations since his last assessment.

If you are aware how and why he was placed into The SG last time, you could cite that also.

If you want to obtain fresh evidence such as a letter of support from your G.P., obtain it yourself and post it with the ESA50.

Do not rely on Maximus/DWP contacting your G.P. , even if you request that they do so.

They seldom do and are not legally obliged to do so.

You might want to Bookmark/Favourite this page in your Internet Browser. That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

bro58

My sons contributory ESA is due for review soon. He is currently in the Support Group, he has an autistic spectrum disorder. I contacted DWP for his Medical Report Form (ESA85A) , dated 6/1/2012, to find out the basis for his inclusion in the support group. The report states that he does not meet any exemption criteria, does not meet any support group descriptors and does not meet any substantial risk criteria. I am somewhat at a loss. The only other clues are a couple of sentences that suggest that the ESA50, Med3 and supporting medical evidence show significant level disability due condition which means limited capability for work, also that conditions unchanged. The only other comment is a determination he is unlikely to return to work in the longer term.
This was an assessment for migration from Incapacity benefit to ESA, there was no medical involved or phone calls for further evidence. Cant understand what basis used for support group inclusion, any suggestions?

Hi Slegne, I have merged your question with your previous topic about your son's ESA. It helps us enormously if everything relating to the same subject is kept in one place - as per this topic which is usually near the top of the forum.

I'm afraid I have no idea on what basis your son was awarded Support Group ESA as the report seems suggest that he does not satisfy any of the criteria! One of the other mods might have suggestions.

1. I have completed a DWP SAR form. Not sure where to send it. My son has had nothing to do with the local Job Centre. All former ESA correspondence and phone calls were with the Plymouth Benefits Centre. However, his most recent benefits uprating letter was from Caerphilly Benefit Centre.

2.As it appears from Bro post that a DM with a LT54 form ( hence SAR above to clarify) made determination to place my son in the Support Group overriding the ESA85A report, will it be worthwhile to send a copy of his next ESA50 form and supporting evidence to the DWP decision maker again, which was also advice you gave in an older ESA guide. Again, as above, I am uncertain of the location of the Decision Maker.