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ESA form to fill in again. Advice
9 years 1 month ago - 9 years 1 month ago #154098 by
Hi M,
It is impossible to say what triggered your ESA reassessment !!
A lot of members have been receiving ESA50's since December 2015 when reassessments for current ESA recipients were reinstated after being deferred due to the backlog since January 2014.
Just to make you aware that : The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15 now carry out ESA Assessments/Re-Assessments.
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.
Now that you have The ESA50, 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 your first assessment and not assume that The Assessor will have access to any of your previous evidence. They may not even know that you are currently in The WRAG, so you should make it clear that you are.
It is therefore important that you reiterate how and why you still qualify for The WRAG in that the limitations that you suffer as a result of your medical conditions have not changed nor diminished to such an extent that you no longer qualify for The WRAG
Nor have you learned to deal with or adapt to your limitations since your last assessment.
If you are aware how and why you were placed into The WRAG 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.
As you are currently in the WRAG, if you feel that you now qualify for The SG, you should highlight how and why you qualify for The SG.
How best to show that you qualify for The SG is covered in our ESA Claims Guides.
If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with your ESA50 + extra evidence/pages.
You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor
If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !
So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.
With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :
ESA Reg 34. (2) Applicable to Support Group :
“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”
From : ESA Reg 34.
If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)
For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)
i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.
Have a look at Gordon's comments in : This Post regarding ESA Reg 35,
Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.
The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.
You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.
There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !
bro58
Replied by on topic ESA form to fill in again. Advice
Marie wrote: I've been on ESA about 7 years now and have never had an issue getting it. I've had forms and assessmenent to go to on a regular basis in the past but for the past 2 years I've had nothing. Or I've had maybe one form to fill in but no assessement.
I have a host of problems but always get out in the WRAG group. I believe I should be in the support group. Anyway I applied for PIP the other day by phone and lo and behold I got an ESA form to fill in again today. I'm considering it may not be a bad thing as I would like to try to get into the support group this time. The thing is I'm unsure how to.
What kind of factors are needed to be out into that group? I have a host of problems, some new ones since my last form which must have been over 2 years ago now.
Did phoning to apply for PIP trigger this re assessment?
Hi M,
It is impossible to say what triggered your ESA reassessment !!
A lot of members have been receiving ESA50's since December 2015 when reassessments for current ESA recipients were reinstated after being deferred due to the backlog since January 2014.
Just to make you aware that : The Centre for Health and Disability Assessments (CHDA) (aka HAAS) (Maximus) who took over the ESA WCA Contract from ATOS on 02/03/15 now carry out ESA Assessments/Re-Assessments.
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.
Now that you have The ESA50, 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 your first assessment and not assume that The Assessor will have access to any of your previous evidence. They may not even know that you are currently in The WRAG, so you should make it clear that you are.
It is therefore important that you reiterate how and why you still qualify for The WRAG in that the limitations that you suffer as a result of your medical conditions have not changed nor diminished to such an extent that you no longer qualify for The WRAG
Nor have you learned to deal with or adapt to your limitations since your last assessment.
If you are aware how and why you were placed into The WRAG 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.
As you are currently in the WRAG, if you feel that you now qualify for The SG, you should highlight how and why you qualify for The SG.
How best to show that you qualify for The SG is covered in our ESA Claims Guides.
If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that you qualify under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with your ESA50 + extra evidence/pages.
You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that you suffer as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why you cannot carry out that Activity with respect to the relevant Activity/Descriptor
If you cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, you should not be classed as being able to carry them out at all, and you are therefore legitimately within your rights to answer "No" you cannot carry out that particular Activity, explaining why !
So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.
With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :
ESA Reg 34. (2) Applicable to Support Group :
“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”
From : ESA Reg 34.
If you cannot fulfil at least one of The Functional SG Descriptors,as above, you can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)
For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to your own physical or mental health, or that of another person if you were not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)
i.e. if you were placed into the WRAG and had to comply with WRA, rather than being placed into The SG and not having to comply with WRA.
Have a look at Gordon's comments in : This Post regarding ESA Reg 35,
Disregard the comments regarding ESA Reg 29, as they only place you into the WRAG once more.
The information from : This Link gives good examples of WRA that you may have to take part in if placed into The WRAG.
You could therefore use the above as examples of WRA, and explain how and why you or another person would suffer "Substantial Risk" if you were placed into The WRAG and had to comply with such WRA.
There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !
bro58
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9 years 1 month ago #154192 by
Hi M,
Yes you can use them if you feel that they are relevant evidence.
The worse that they can do is not refer to them, if you don't send them, they definitely won't be able to refer to them, will they ?
bro58
Replied by on topic ESA form to fill in again. Advice
Marie wrote: It says on the form they don't wanna see pictures. I have pictures of vatious injuries I have done to myself and was going to include them. Relevant to one of the questions. Should I include them or not?
Hi M,
Yes you can use them if you feel that they are relevant evidence.
The worse that they can do is not refer to them, if you don't send them, they definitely won't be able to refer to them, will they ?
bro58
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