- Posts: 42
ESA renewal osteoarthritis
- bro58
edward wrote: hi I am in the process of renewing my ESA I was awarded the support group in 2014 for 2 years it was under the regulation 35 (2) of the ESA regulations 2008, this being the case would I be awarded the same decision as nothing has changed and should I bring this information to the attention of the decision maker? any help would be helpful thanks.
Hi e,
You should treat this re-assessment as if it was your first assessment !!
Specifically with qualification under : ESA Reg 35 for entry to The SG (LCWRA) , the burden of proof would be on you to show that the "Substantial Risk" to your health or that of another would still be present, if you were not placed into The SG on being reassessed.
You should refer to our : ESA Claims Guides 2nd and/or 3rd links down the page regarding this.
See : This Post and a post by Gordon : Here where he suggest the appropriate wording that would be helpful in a G.P. letter supporting ESA Reg 35 qualification. (Ignore the comments regarding ESA Reg 29, that is for entry to The WRAG)
bro58
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- edward
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- bro58
edward wrote: hi I have to send my ESA form back by the 11th march but I need evidence from my gp and the nearest appointment is the 21 march can I send evidence then and will it be accepted by the decision maker, thanks.
Hi e,
You should ensure that your ESA50 is returned by the deadline date.
If you have further evidence that has not arrived with you by then, keep a note of The ESA50 return address, put a letter in with The ESA50 stating that you are awaiting further evidence and will forward it to them as soon as you have it, then when you have it, send it to the same address ASAP with another covering letter stating that you wish this evidence to be taken into account with your ESA50.
If it turns out that you have to take part in a F2F take copy of the evidence with you and hand it to The Assessor before the F2F begins.
You could also post copy : FAO : The ESA Decision Maker at the address of The Benefits Office/Centre on your most recent ESA letter.
Sending Documents to the DWP, ATOS, Capita or Maximus.
It is far better to do this than risk your ESA being stopped for failure to return your ESA50 or late return of your ESA50 !
bro58
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- TheHud
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- edward
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- Gordon
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edward wrote: hi eliza thanks for your advice, requested a copy of my medical records 2 years ago and was told I need a freedom of information request which would take to long so I didn't take it any further.
It's actually a Subject Access Request, the DWP would have 40 days to respond although it is usually a lot less.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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